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THE  GOVERNMENT 
OF  WYOMING 

The  History,  Constitution  and 
Administration  of  Affairs 


Tliere  are  no  points  of  the  compass 
on  the  chart  of  true  patriotism. 

WlNTHItOl'. 


BY 

GRACE    RAYMOND    HEBARD 

Librarian  and  Associate  Professor  of  Political  Economy 
State  University  of  Wyoming 

THIRD  KDITION 


®t|p  Ubitakfr  $c  Haii  (Eompano 

(lNCOKI'<II!ATi;i)l 

PUBLISHERS 

SAN   FRANCISCO 

1!I07 


CopyiiKlit.  I'.iOT 

I'y 
(irace  RayniDiiil  Hcljanl 


PART  I 
THE  HISTORY  OF  WYOMING 


31  n  iHrmury  of 
.lliiral  QlUtsrn 


PREFACE  TO  THE   FIRST   EDITION. 

The  contents  of  Part  II  in  this  text-book  are  particu- 
larly recommended  to  the  teachers  and  pupils  who  are 
preparing  for  an  examination  on  the  subject  of  the  Gov- 
ernment of  Wyoming.  The  different  parts  of  the  book 
may  be  used  as  three  separate  text-books.  While  closely 
related  they  are  not  dependent  one  on  the  other.  The 
interest  taken  at  this  time  in  the  Louisiana  Purchase  and 
the  Lewis  and  Clark  Expedition  warrants  at  least  a  pass- 
ing notice  on  account  of  their  relation  to  the  early  history 
of  Wyoming".  The  Convention  which  formulated  our 
Constitution  is  as  important  as  the  legislatures  that  enact 
our  laws,  hence,  it  should  have  its  place.  These  facts  and 
a  brief  mention  of  the  explorers  and  the  territorial  days 
form  Part  I.  The  application  of  the  laws  and  the  opera- 
tion of  the  governing  boards  should  be  familiar  to  all  of 
those  who  desire  to  know  what  the  governing  principles 
are  which  regulate  the  State's  machinery  ;  these  constitute 
Part  III. 

The  author  wishes  to  express  an  appreciation  of  the  as- 
sistance received  from  those  who  have  furnished  data, 
suggestions  and  illustrations  and  to  those  also,  who  have 
read  the  manuscript  and  corrected  proof. 

The  University  of  Wyoming, 
Laramie,  May  13,  1904. 


SECOND  i':i)riM()x. 

The  second  edition  of  this  text  is  ])ul)lislie(l  with  no 
apolog:y.  The  reception  which  the  first  edition  received 
warrants  a  continuation  of  the  text,  which  is  now  cor- 
rected to  date,  inchiding'  the  new  and  revised  laws  enacted 
by  the  eij:jhth  State  Legislative  Assembly  of  1905. 

Laramie,   Wyoming^. 
March  8,  1906. 


THIRD  EDITION. 

The  second  edition  of  this  book  was  issued  and  ready 
for  distribution  when  the  terrible  disaster  of  April  18, 
1906,  at  San  Francisco  totally  destroyed  the  entire  edi- 
tion. Not  only  did  the  earthquake  and  accompanying 
fire  consume  the  bound  books,  but  also  the  electrotypes 
and  illustrations.  The  publishers  have  made  victory  out 
of  defeat,  and  are  now  presenting  an  entirely  new  edition  ; 
all  of  the  manuscript  has  been  rewritten ;  other  illus- 
trations obtained ;  new  material  presented ;  corrections 
made ;  and  the  revised  and  new  laws  enacted  by  the 
Legislative  Assembly  of  the  State  of  Wyoming,  1907, 
incorporated. 

Laramie,  Wyoming, 
February  21,  1907. 


CHAPTER  1. 

Wyoming  in  the  Territorial  Growth  of  the  United  States. 

Wyoming;  occupies  an  unicjue  position  on  the  map  of 
the  United  States.  It  is  the  only  State  that  contains 
lands  obtained  from  all  four  of  our  principal  annexations 
which  form  the  territory  west  of  the  Mississippi  river. 
The  land  covered  by  the  original  thirteen  States  (i)  in- 
cluded all  of  the  States  east  of  the  Mississippi  river 
except  Florida  (2)  which  was  ceded  to  us  by  Spain  in 
1819.  Alaska  (3)  was  purchased  from  Russia  in  1867. 
All  of  the  States  and  territories  between  the  Mississippi 
and  the  Pacific  Ocean  were  acquired  under  one  minor 
and    four    principal    titles : 

(4)  The  Louisiana  Purchase,  1803. 

(5)  The  Oregon  Country,  1792,  1805,  181 1,  181Q  and 

1846. 

(6)  Texas   Annexation,    1845. 

(7)  ^lexican  Cession,  1848. 

(8)  Gadsden    Purchase,    1853. 

Four  of  these  contained  lands  that  now  make  up 
the  State  of  Wyoming,  and  deserve  special  mention  be- 
cause they  are  a  part  of  the  early  history  of  the  State. 

The  Gadsden  Purchase,  also  known  as  the  second  Mexi- 
can Cession,  only  embraces  a  small  part  of  southern  Ari- 
zona and  New  Mexico. 

The  Mexican  Cession  constitutes  all  of  California,  Ne- 
vada, Utah  and  parts  of  Arizona,  New  Mexico,  Colorado 
and  Wyoming.  (All  of  Sweetwater  County,  the  south- 
western part  of  Carbon  and  southern  part  of  Uinta.) 

The  Texas  Annexation  includes  all  of  the  State  of 
Texas  and  parts  of  New  Mexico,  Colorado,  Kansas,  Okla- 
homa and  Wyoming.  (Most  of  Carbon  County  and  the 
southwestern  part  of  Albany.) 


Ill  Till-:   CIOVKKNMENT   OF   WVOMING. 

The  Oregon  Country  which  was  acquired  by  discovery 
in  1792,  by  exploration  in  1805,  by  the  Astoria  Settlement 
in  181 1,  by  the  Florida  Treaty  in  1819  and  by  acknowl- 
edged title  by  Great  Britain  in  1846,  embraces  all  of  Ore- 
gon, AVashington,  and  Idaho  and  parts  of  Montana  and 
Wyoming.  (The  northwestern  part  of  Sweetwater 
County,  the  western  part  of  Fremont,  and  the  northern 
part  of  Uinta  together  with  the  southern  part  of  the  Yel- 
lowstone Park.) 

The  Louisiana  Purchase  from  France  comprises  all  of 
the  vast  territory  in  Louisiana,  Arkansas,  Missouri,  Iowa, 
North  and  South  Dakota,  Nebraska,  Kansas,  Oklahoma 
and  parts  of  Minnesota,  Kansas,  Colorado,  Montana  and 
Wyoming.  (All  of  Crook,  Weston,  Converse,  Laramie, 
Sheridan,  Johnson,  Natrona,  Big  Horn,  Albany  and  part 
of  Carbon,  Fremont,  Sweetwater  and  the  Yellowstone 
Park.) 

The  lands  included  in  these  eight  different  stages  of 
expansion  constitute  all  the  territory  owned  by  the  United 
States  except  Hawaii  (9),  which  was  acquired  in  1898 
and  the  Islands  obtained  in  the  late  Spanish  War  (10). 

A  more  detailed  account  of  the  manner  in  which  our 
country  was  discovered  and  how  we  obtained  title  to  the 
region  west  of  the  Mississippi  will  be  found  in  the  follow- 
ing tables.  An  effort  has  been  made  to  trace  step  by  step 
all  the  transactions  made  to  give  Wyoming  a  clear  "ab- 
stract of  title."  All  of  the  land  in  this  unexplored  West 
was  comprised  in  the  "Great  American  Desert"  inhabited 
by  tribes  of  unknown  Indians  and  herds  of  wild  buffalo. 
Title  comes  to  a  country  by  the  right  of  discovery,  or  ex- 
ploration, by  conquest  or  war,  by  settlement  or  purchase 
or  gift.  Lands  first  discovered  have  no  need  of  conquest. 
They  belong  to  the  discoverer  by  "right  of  discovery." 
If  the  land  explored  has  been  discovered  before  and  is  in 
doubtful  possession  title  in  the  name  of  the  country  from 
where  the  explorers  came  is  made  by  conquest.     The  title 


Boundary  lines  of  the  Louisiana  Purcliase,  the  Mexican  Cess 
9    %   9     All  land  East  and  North  of  this  line  embraced  in  the  Louisiana  Purchase, 


^ — X    )(   Xi  All  land  on  the  square  tract,  Texas  Annexation.  1SJ.5.         All  land  West 


ING. 

the  Texas  Annexation  and  the  Oregon  Territory  in  Wyoming. 

y////////////A  -^'^  '"'"^  South  and  West  of  this  line  Mexic'an  Cession,  1S18 


..^    and  North  of     /////////////.  Oregon  country  IT'.fj,  1805,  1811,  1810  and  isjti. 


THE    HISTORY    OF    WYOMINGI.  ].-) 

is  better  secured  by  a  permanent  settlement  and  a  guard- 
ing of  the  possession  against  land  seekers.  When  land  is 
purchased  it  is  presumed  that  the  contracting  nation  has 
a  perfect  title  to  the  land  which  passes  to  the  purchaser. 
Lands  within  the  boundaries  of  Wyoming  have  passed 
through  all  of  these  stages,  having  been  discovered  and 
explored  by  the  early  trappers,  conquered  from  the  In- 
dians and  purchased  from  France,  Mexico  and  Texas. 
The  titled  interests  of  Wyoming  in  a  measure  begin  with 
Columbus  and  end  with  the  date  of  our  Statehood,  July 
ID,  1890,  or  from  the  period  when  the  western  hemisphere 
was  discovered  to  that  time  when  we  took  our  place  in 
the  Union  as  one  of  the  States  with  self-government  and 
a  separate  Constitution. 


CilAI''l'l':i>!   II. 

Chronology  of  Events  that  Led  to  the  Occupation  of  the 

Territory  West  of  the  Mississippi  River. 

SPANISH  RULE. 

(The  following  tables  traco  the  jjossessors  of  tlie  land,  by  the 
different  nations  through  their  explorers  and  settlements,  which 
is  now  included  witliiu  the  boundaries  of  Wyoming.  Had  the 
existence  of  this  area  been  known  and  had  there  been  settlers 
thereon  they  would  have  been  under  the  rule  of  the  following 
nations  and  their  respective  rulers.  It  must  be  remembered,  how- 
ever, that  Wyoming  was  not  even  explored;  that  it  was  a  vast 
unknown  country,  inhabited  by  savage  tribes  of  Indians,  their  very 
existence  then  being  unknown   to   civilization.) 

1479-1516.     Ferdinand  I  of  Aragou. 
Isabella  of  Castile. 


The  New  World. 

1492.  Columbus  makes  the  first  voyage,  discovers  Guan- 
ahani,  Cuba  and  San  Domingo.  Takes  possession 
of  Guanahani  in  the  name  of  the  King  and  Queen 
of  Spain. 

1493.  Bull  of  Demarcation  by  Pope  Alexander  VI.  on 
which  Spain  rested  her  claims  to   the  New  World. 

1494.  Columbus  explores  the  southern  coast  of  Cuba  and 
discovers  Jamaica. 

1498.  Columbus  reaches  the  northeastern  corner  of  South 
America   and   discovers   the   river   Orinoco. 

1502.  Columbus  coasts  along  the  eastern  shores  of  Cen- 
tral America  from  Honduras  to  the  Isthmus  of 
Panama,  still  in  the  belief  that  what  he  had  dis- 
covered belonged  to  the  Asiatic  mainland. 

1513.  Vasco  Nunez  de  Balboa  discovers  the  Pacific  ocean, 
called  by  him  the  Mar  de  Sur,  or  South  Sea. 

1520.  Fernando  de  Magalhaens  penetrates  from  the  At- 
lantic into  the  Pacific  ocean.  America  known  to 
be   a   Continent. 


Till-:     IIISTOHV    OF    WVOMIXG.  17 

ir. 

Discovery  of  a  Northern  Continent.     Exploration  of  the  Interior. 
Ferdinand  I. 

1513.  Ponce  do  Leon  disi-oveis  Floriila  by  sailing  around 
the  southern  edge  and  traveling  along  the  western 
coast  as  far  as  Tampa  Bay. 

Charles  I. 

1517.     81avtrs   reach    the   coast   of   Yucatan. 

1519.     Pineda  discov^ers  the  mouth  of  the  Mississippi. 

1519-1521.     Cortez  conquers  Mexico. 

III. 

Expeditions  Into  the  Interior  of  Mexico. 

1528.  Narvaez  leads  an  expedition  to  the  southern  coast 
of  the  United  States.  Cabeza  de  Vaca  tells  the 
story  of  the  ' '  Seven  Cities  of  Cibola. ' ' 

1539.  Friar  Marcos  penetrates  beyond  the  desert  of  the 
Pueblo   region. 

1540-1542.  Coronado  's  expedition  reaches  the  boundary 
of  Nebraska,  through  Colorado  and  the  present 
New    Mexico. 

Spanish  Discovery  of  the  Northwest. 

(a)   By  the  Coast  Line. 

1533.  The  exploration  of  Southern  California  is  started 
by  Jimenez,  who  discovers  the  southern  part  of 
the  California  peninsula.  These  explorations  are 
intermittently  repeated  with  more  or  less  success, 
especially  after  1750.     Finally 

1775.  The  expedition  under  Heceta  reaches  49°,  ex- 
plores the  shore  and  claims  to  have  discovered 
Columbia  Eiver.  Another  craft  of  the  same  ex- 
pedition reaches  58°.  The  coast  from  42° — 55" 
formally  taken  possession  of  for  Spain. 

(b)   Inland  Eoute. 

1540-42.  Expedition  of  Coronado,  as  already  referred  to, 
was   not   surpassed   for   more   than   200  years.     The 


18  Til  10   GOVERNMENT   OF   WYOMING. 

coast  region,  however,  and  parts  of  the  interior 
of  California,  Colorado,  New  Mexico  and  the  North- 
ern portion  of  Texas  were  explored  and  to  some 
extent  settled. 
1776.  The  expedition  of  Escalante  roaches  Utah  Lake 
above  40°.  The  whole  coast  region  up  to  37° 
is  now  occupied.  Towns  are  founded,  over- 
land routes  established.  In  1773  the  region  of 
Upper  California  is  parcelled  out  into  government 
districts.     No  further  advance  bv  land  until   1800. 


French  Discovery  of  Mississippi  Region. 

1519.  Beginning  with  the  Spanish,  Pineda  discovers  the 
mouth  of  the  Mississippi. 

1539-43.  De  Soto  's  inland  wanderings,  contemporary  with 
those  of  Cartier. 

1541-42.  From  not  far  from  the  mouth  of  the  Arkansas, 
the  Spaniards  make  a  long  tour  to  the  West,  re- 
turn to  Mississippi  and  reach  the  Gulf.  De  Soto 's 
wanderings  through  the  territory  of  Florida,  Geor- 
gia, Alabama,  Arkansas,  Texas  and  Louisiana  well 
established. 

1670.  Hudson  Bay  Company  is  formed  and  posts  are 
established  in  region  adjoining  the  Bay.  Also 
French  Company  formed  and  in  ensuing  conten- 
tions the  forts  change  hands  many  times. 

1673.  .Toliet  and  Pere  Marquette  cross  over  from  Lake 
Michigan  to  Wisconsin  River  down  to  the  Mis- 
sissippi and  to  the  moutli  of  the  Arkansas  and  the 
northern  limits  of  De  Soto 's  wanderings.  It  is 
decided  that  the  Mississippi  flows  into  tlie  Gulf 
and  not  into   the  Pacific. 

1680.  Hennepin  is  sent  by  La  Salle  down  the  Illinois 
and  from  there  up  the  Mississippi  to  45°  half 
way  across  the   Continent  from  East  to  West. 

1682.  La  Salle  descends  Mississippi  to  the  Gulf  and  erects 
a  fort  at  the  Mouth  of  the  Ohio.  Thus  Mississippi 
valley  is  added  to   the  domain  of  New  France. 


Til  10     HISTORY    OF    WVOMTNG.  19 

1685.  La  Salle  comes  with  a  colouy  from  Franco  and, 
missing  the  mouth  of  the  Mississippi,  is  cast  away 
on  Texan  shore,  where  a  fort  is  built  and  formal 
possession  is  taken  for  Franco. 

1699.  Iberville  and  Bienville  come  and  found  permanent 
settlement  in  Louisiana.  In  the  north  French 
trappers  range  the  country  as  far  as  and  beyond 
the   Upper  Mississippi  visited  by  Hennepin. 

1712.  Crozat  is  given  exclusive  commercial  privileges 
in  Louisiana. 

1716.  .lohn  Law 's  financial  experiment. 

1717.  Crozat 's  monopoly  fails. 

1720.     Bursting  of  the  ' '  Mississippi  Bubble. ' ' 
1727.     The  French  explore  to  a  point  above  the  Kansas. 
1731-43.     Verendrye   attempts   to    form   a   line   of   trading 
posts   across   the   Continent. 

1742.  Upper  Missouri  Eiver  ascended  to  region  above 
Yellowstone. 

1743.  The  Verendryes  reach  base  of  the  Eocky  Moun- 
tains in  what  is  now  Montana. 

1755.  England  and  France  at  war  over  boundary.  Seven 
Years '  War  results. 

1762.  Family  compact  between  France  and  Spain. 

1763.  Transfer  of  territory  after  Seven  Years'  War  gives 
Spain  (from  France)  city  of  New  Orleans  and 
all  territory  between  the  Mississippi  Eiver  and 
the  Eocky  Mountains.  France  does  not  own  an 
inland  acre  of  land  in  North  America. 

1800.  Treaty  of  San  Ildefonso  agrees  to  transfer  entire 
province  of  Louisiana  back  to  France. 

1803.  Louisiana  Purchase  for  $15,000,000  includes  all  of 
Louisiana,  Arkansas,  Missouri,  Iowa,  North  and 
South  Dakota,  Nebraska  and  parts  of  Montana,  of 
Minnesota,  Colorado.  Kansas,  Wyoming  and  Okla- 
homa. 


THE   OREGON  COUNTRY. 

American  Domain. 

1792.     Columbia    Eiver    discovered    by    United    States    ex- 
plorer Eobert   Gray  from  Boston. 


20 


'I'lIK   (JOVKh'X.MKXT   or    WN'OMIXG. 


1805.  Kxploicrs  l.rwis  jind  Clark  travel  up  the  Missouri 
tt»  its  source,  (io  down  Columbia  Kiver  to  the 
Pacific    Ocean. 

1811.  John  .Jacob.  Astor  settleiueiits  on  southern  bank  of 
Columbia   Rixcr. 

1819.  By  the  Floriila  Treaty  Spain  cedes  to  the  United 
States  all  claims  she  might  have  by  earlier  ex-, 
plorers  to  land  embracci]  in  Oregon,  Idaho  and 
parts  of  Montana  and  Wyoming  and  lays  no  claim 
north  of  42°  bi'cause  of  no  definite  historic  evi- 
dence of  actual   explorations   or  settlements. 

1818.  Contract  between  P^ngland  and  the  United  States 
to  reorganize  this  territory  as  neutral  ground. 
United  States  and  Britain  both  claim  the  land 
betvi^een  California  on  the  south  to  42°,  which 
was  owned  by  Mexico,  and  Alaska  on  the  north, 
which  was  owned  by  Russia,  to  54°  40'. 

1819.  By  terms  of  ti'eaty  United  States  claims  land  to 
54°  40'. 

1842.  Boundary  AVar  agitation.  "Fifty-four  forty  or 
Fight ' '  cry. 

1846.  Compromise  under  President  Polk's  administra- 
tion agrees  on  49°  parallel  as  the  south  bound- 
ary of  England.  Had  we  forced  our  claim  for 
54°  40'  we  would  have  had  complete  mastery  of 
the  Pacific  Ocean  and  the  settlement  in  1903  of  the 
Canadian  line  would  have  been  avoided. 


Mexico. 


1824.  United  States  of  Mexico  organized  into  a  repub- 
lic, separating  itself  from  Spain;  President  Vic- 
toria; contains  besides  Mexico  all  of  California, 
Nevada,  Utah  and  Texas,  Arizona,  and  parts  of 
New  Mexico,  Colorado  and  Wyoming. 
Trouble  between  the  United  States  and  Mexico 
over  Texas,  which  Mexico  refuses  to  sell. 
Texas  severs  its  connection  with  Mexico. 

1848.  Treaty  of  Guadalupe-Hidalgo  gives  all  of  the  terri- 
tory north  of  Mexico  to  the  United  States.  Presi- 
dent Herrera  in  command.  (Contains  all  the  orig- 
inal   Republic    of    1824    now    in    the    United   States 


1833. 


1836. 


THE    HISTORY    OF    WYOMING.  21 

except  Texas,  which  at  this  time  includes  also  part 
of  New  Mexico,  Oklahoma,  Kansas,  Colorado  and 
Wyoming.) 

Texas. 

1836.  Severs  its  connection  with  the  Republic  of  Mex- 
ico and  has  a  separate  government;  includes  all 
of  the  present  Texas,  part  of  New  Mexico,  Okla- 
homa, Kansas,  Colorado  and  Wyoming.  "Lone 
Star"  State  has  a  series  of  governors  from  Bur- 
nett to  Jones. 

18i5.  Becomes  a  State  of  the  United  States  with  bound- 
aries as  in   1836. 


GOVERNMENTS   OVER  WYOMING. 

Mexican  Secession. 

1519-1821.  Spanish. 

1821-1824.  War  of  Independence. 

1824-18-48.  Republic  under  different  Presidents. 

1848-1907.  United  States. 

Texas  Annexation. 

1519-1821.  Spanish. 

1821-1836.  Mexican. 

1836-1845.  Texan. 

1845-1907.  United  States. 

Oregon  Country. 

1792-1907.     United  States. 

(No  valid  claim  granted  Spain.) 

Louisiana  Purchase. 

1519-1763.  French. 

1763-1800.  Spanish. 

1800-1803.  French. 

1803-1907.  United  States. 


1808-1813 


22  THI']   GOVERNMENT   OF   WYOMING. 

RULERS   OVER  WYOMING. 

Spain. 

Ferdinand  and  Isabella 1479-1516 

Charles    1 1516-1556 

Philip    II 1556-1598 

Philip   III 1598-1621 

Philip    IV 1621-1665 

Charles    II 1665-1700 

Philip    V 1700-1746 

Ferdinand   VI 1746-1759 

Charles  III 1759-1788 

Charles    IV 1788-1808 

Ferdinand  VII ...    t 

Joseph  Bonaparte    j 

Ferdinand   VII 1813-1833 

France. 

The  Valois  Line. 

Francis    1 1515-1547 

Henry    II 1547-1559 

Francis    II 1559-1560 

Charles   IX 1560-1574 

Henry    III 1574-1589 

The  Bourbon  Line. 

Henry   IV 1589-1610 

Louis   XIII 1610-1643 

Louis    XIV 1643-1715 

Louis    XV 1715-1774 

Louis  XVI 1774-1792 

The   Republic 1792-1799 

The    Consulate 1799-1804 


CHAPTER  III. 

The  Making  of  Wyoming. 

1803.  Wyoming  is  included  in  the  region  of  the  Lou- 
isiana Purchase  under  the  governorship  of  Clai- 
borne.      (Wyoming.) 

1804.  Territory  of  Orleans  formed  with  Claiborne  as 
Governor,  appointed  by  Jefferson,  and  all  the  rest 
of  the  Louisiana  Purchase  is  called  the  District  of 
Louisiana,  having  Clark  for  Governor.     (Wyoming.) 

1805.  Aaron  Burr  and  partner  Blennerhassett  unsuccess- 
fully attempt  to  separate  territory  of  Louisiana  Pur- 
chase from  the  Union;  District  of  Louisiana  be- 
comes Territory  of  Louisiana,  w^ith  Wilkinson  as 
Governor.       (Wyoming.) 

1807.  Lewis  appointed  Governor  of  Territory  of  Louis- 
iana.     (Wyoming.) 

1812-14.  England  unsuccessfully  attempts  to  take  the 
Louisiana  Purchase  Territory,  and  thus  we  saw 
the  last  hostile  foreigners  to  encroach  on  our  soil. 

1812.  State  of  Louisiana  formed  and  all  the  Louisiana 
Territory  is  called  Missouri  Territory.  (Wyo- 
ming.) 

1813-20.  Clark  made  Governor  of  Missouri  Territory. 
(Wyoming.) 

1854.  Nebraska  Territory  formed  from  the  northwestern 
part  of  Louisiana  Territory.  This  includes  the 
present  boundaries  of  Nebraska,  all  of  Montana 
east  of  the  Eocky  Mountains,  North  and  South 
Dakota  west  of  the  Missouri  Eiver  aild  all  of 
Wyoming  that  was  in  the  Louisiana  Purchase,  and 
also  that  part  of  Wyoming  included  in  the  Texas 
Purchase. 

1861.  Dakota  Territory  formed  from  Minnesota  and  Ne- 
braska Territory  by  taking  from  Nebraska  the 
portion  west  of  the  Missouri  Eiver  (now  a  part  of 
North  and  South  Dakota)  and  the  part  of  Mon- 
tana embraced  in  the  Nebraska  Territory.  The 
Dakota  Territory  comprises  all  of  Wyoming  in  the 
Louisiana   Purchase    north    of    the    43°    line    drawn 


24  TIIH  GOVKKXMKNT   OF   WVOMLXti. 

through  the  middle  of  the  cast  and  west  boun- 
daries of  Natrona  and  Fremont  Counties.  The 
southern  part  of  Wyoming  then  belongs  to  Ne- 
braska Territory,  excepting  soutliwest  part  of  Uinta 
County. 

1848.  Oregon  Territory  formed  and  comprises  all  of 
Washington,  Oregon,  Idaho,  the  northwestern  por- 
tion of  Montana  and  all  that  part  of  Wyoming 
included  in  the  1819  Oregon  country  and  the  land 
ceded  to  the  United  States  in  the  Treaty  of  1846 
with   England. 

1853.  Washington  Territory  formed  from  a  part  of  Oregon 
embracing  a  portion  of  Idaho  and  Montana,  but 
not  Wyoming. 

1859.  Oregon  becomes  a  State  and  that  portion  of  Wyo- 
ming which  was  included  in  the  Oregon  Territory 
since  1848  now  becomes  a  part  of  the  Washing- 
ton Territory,  which  consists  of  all  of  the  original 
Oregon  country  not  embraced  in  the  State  of  Ore- 
gon. 

1863.  Idaho  becomes  a  Territory,  and  is  formed  from 
Washington,  Dakota  and  Nebraska.  Idaho  em- 
braces all  of  its  present  boundaries,  all  of  Mon- 
tana and  all  of  Wyoming,  not  only  the  portion 
contained  in  the  Oregon  Territory,  but  all  of  the 
countrj"^  in  Wyoming  embraced  in  the  Dakota  and 
Nebraska  Territories  except  the  extreme  south- 
western corner  which  had  belonged  to  Utah  since 
1850  and  came  to  us  by  the  Mexican  Grant.  This 
Mexican  Grant  originally  ran  to  a  line  nearly 
corresponding  to  the  western  county  line  of  Car- 
bon County.  When  Idaho  Territory  was  formed, 
however,  this  southwest  area  was  reduced  until  its 
eastern  line  corresponded  with  the  eastern  boun- 
dary of  Uinta  County,  33°  of  longitude,  and  its 
northern  boundary  was  the  extended  southern 
boundary  of  the  present  Idaho,  42d  parallel. 

1868.  This  southwestern  Mexico  territory  is  taken  from 
Utah  when  Wyoming  becomes  a  Territory. 

1850.  Utah  by  the  Guadalupe-Hidalgo  treaty  becomes  a 
Territory   from   Mexico.     As   such   it   includes   the 


TIIK     IIISTOKV     OF    WYOMING. 

southwest  corner  of  Wyoming.  This  territory  is 
again  reduced  by  tlie  creation  of  the  Idaho  Terri- 
tory. Utah  holds  a  small  area  until  1868,  when 
Wyoming  becomes  a  Territory. 

18J;5-1850.  Texas  owns  a  small  portion  of  Wyoming, 
practically  all  of  Carbon  County  and  a  small  por- 
tion of  the  southwestern  corner  of  Albany  County. 

1850.  Texas  sells  all  the  above  portion  of  Wyoming  with 
other  lands  to  our  Government  for  $10,000,000. 

1854.  This  Texas  land  in  Wyoming  is  again  included  in 
the  Nebraska  Treaty,  which  is  formed  out  of  the 
original  Louisiana  Territory  or  Missouri  Territrry. 

1864.  When  Montana  Territory  is  created  part  of  Idaho 
is  temporarily  restored  to  Dakota.  This  portion 
includes  all  of  Wyoming,  except  Uinta  County  and 
the  southern  half  of  Yellowstone  Park.  Wyoming 
is  now  under  the  jurisdiction  of  Dakota,  Idaho  and 
Utah  and  so  remains  until  the  Territory  is  formed. 

1868.  Wyoming  admitted  as  a  Territory,  the  extreme 
southwest  corner  of  the  State,  embracing  about  one- 
third  of  Uinta  County,  coming  from  Utah.  The 
rest  of  the  county  is  a  part  of  Idaho  and  the  re- 
mainder of   the   State   is   taken   from   Dakota. 

1890.  Wyoming  admitted  as  a  State  after  having  had 
Territorial  government,  connected  with  lands  which 
had  boundaries  from  the  Gulf  of  Mexico  to  the 
Canadian  line;  from  the  western  banks  of  the 
Mississippi  to  the  Pacific  Ocean  and  some  part  at 
least  under  rule  of 

1803,  Louisiana. 
1812,  Missouri. 
1845,  Texas. 
1848,  Oregon. 
1850,  Utah, 
1854,  Nebraska. 
1859,  Washington. 
1861,   Dakota. 

1863,  Idaho. 

1864,  Dakota. 
1868,  Wyoming. 

All  territorial  governments,  except  Texas. 


26  THK   GOVERNMENT   OF  WYOMING. 

STATE  BOUNDARIES. 
Constitution  of  Wyoming,  Section  1,  Article  XI. 

The  Boundaries  of  Wyoming  shall  be  as  follows: 

Commencing  at  the  intersection  of  the  twenty-seventh  meridian  of 
longitude  west  of  Washington  with  the  forty-fifth  degree  of  north 
aSude  and  running  thence  west  to  the  thirty-fourth  -eridian  of 
west  longitude,  thence  south  to  the  forty-flrst  degree  of  north  latitude 
Uience  east  t;  the  twenty-seventh  meridian  of  west  longitude  and 
thence  north  to  the  place  of  beginning.  ^      ^      .. 

(The   State  boundaries   are   identical   with   those   of   the   Territory 

admitted  in  1868). 


CHAPTER  IV. 
The  Louisiana  Purchase. 

In  1763  Spain,  by  virtue  of  the  "Family  Compact"  of 
1762,  so  known  because  the  rulers  of  France  and  Spain 
agreed  to  defend  their  domains  against  the  whole  world, 
took  possession  of  Louisiana  which  had  been  in  the  hands 
of  France  since  the  time  of  her  earliest  explorers.  During 
1795  we  entered  into  a  very  indefinite  and  unsatisfactory 
treaty  with  Spain  to  use  the  mouth  of  the  Mississippi,  the 
present  New  Orleans,  as  a  deposit  for  our  products  coin- 
ing from  all  along  the  Mississippi  and  which  were  to  be 
exported.  Spain  possessed  both  banks  of  the  river  at  its 
mouth  and  the  western  shores  to  its  source,  while  United 
States  only  possessed  the  eastern  banks  and  had  no  sea- 
port. The  river  was  a  highway  to  the  market,  and  New 
Orleans  was  a  port  for  the  output  of  the  settlers.  The 
denial  of  the  free  use  of  the  highway  was  a  real  injury  to 
the  frontier  people.  There  was  but  one  desire  of  the 
American  people  and  that  was  the  right  to  navigate  un- 
trammeled  the  river  from  its  source  to  its  mouth,  for  there 
must  be  an  outlet  for  the  inland  products. 

This  treaty  of  1795  was  only  a  temporary  arrangement 
and  at  its  best  most  uncertain.  Rumors  of  war,  of  a 
desire  to  take  the  mouth  of  the  Mississippi  by  force,  of  the 
discontent  as  to  a  condition  which  hindered  the  growth 
and  prosperity  of  all  those  who  were  dependent  upon  the 
navigation  of  the  Mississippi  to  get  their  goods  to  the  sea, 
caused  the  United  States  authorities  at  Washington  much 
anxiety.  Great  care  and  diplomacy  must  be  used  to  bring 
about  the  desired  result,  to  meet  the  demands  of  the  justly 
restless  farmers  and  producers.  These  people  were  de- 
manding for  their  allegiance  to  the  United  States  pro- 
tection from  the  United  States.  The  Government  had  for 
some  time  realized  the  importance  of  having  a  seaport  at 


28  THK   GOVERNMENT   OF  WYOMING. 

the  mouth  to  export  the  prochicts  in  order  that  the  result 
of  the  pro(hicers  in  the  Mississippi  valley  might  be  profit- 
able. 

France  was  dismayed  at  the  privilege  granted  by  Spain 
in  1795.  Napoleon  saw  a  possibility  of  regaining  the  lost 
New  France.  He  had  a  desire  to  limit  our  western 
progress  and  confine  our  possessions  to  the  Eastern  shores 
of  the  Mississippi.  Spain,  however,  did  not  have  the 
power  to  bind  us  to  the  proposed  boundaries  and  trans- 
ferred all  of  Louisiana  to  France  on  October  i,  1800,  by  a 
secret  treaty  which  gave  back  to  France  all  of  the  Terri- 
tory which  she  ceded  to  Spain  in  1763.  Vague  rumors 
circulated  as  to  this  unknown  real  estate  transfer  making 
the  Mississippi  settlers  restless  and  determined  to  fight. 
Our  experience  with  France  on  the  high  seas  had  been  of 
such  a  nature  as  to  make  this  move  far  from  reassuring. 

During  the  John  Adams  administration  three  envoys 
were  sent  to  France  to  adjust  the  difficulty.  An  inter- 
view with  the  French  authorities  would  not  be  granted 
unless  we  paid  a  stipulated  sum.  This  was  refused  when 
our  envoy,  Pinckney,  made  the  famous  remark,  "Millions 
for  defense  but  not  one  cent  for  tribute." 

In  1802  Spain  closed  the  mouth  of  the  "father  of  waters" 
to  our  products  and  this  virtually  stopped  the  navigation 
of  the  river  by  the  citizens  of  the  United  States.  Presi- 
dent Jefferson  and  the  administration  tried,  to  plan  ways 
and  means  by  which  the  difficulty  could  be  overcome  and 
Jefferson  asked  Congress  to  appropriate  $2,000,000  to  be 
given  to  France  for  New  Orleans  and  West  Florida  which 
would  carry  with  it  our  right  to  navigate  the  entire  length 
of  the  Mississippi.  Robert  R.  Livingston,  one  of  the  five 
to  draft  the  DeclaKation  of  Independence,  was  at  this  time 
our  Minister  to  France.  James  Monroe  in  the  early 
spring  of  1803  was  sent  to  Paris  as  a  special  envoy  to 
assist  in  the  purchase  of  New  Orleans. 


THE    HISTORY    OF    WYOMING.  29 

Napoleon  Bonaparte,  First  Consul  of  the  Republic  of 
France,  had  at  this  time  involved  all  Europe  in  war.  He 
was  in  desperate  straits  for  money;  he  was  in  much 
urgent  need  of  replenishing  his  depleted  purse  not  only  to 
carry  on  the  wars  already  begun  but  to  prepare  for  the 
threatened  war  with  England,  France's  old  enemy,  who 
had  been  watching  Napoleon's  unparalled  success  with 
envious  eyes.  In  any  event  he  could  hardly  expect  to 
hold  Louisiana,  a  possession  at  so  great  a  distance  from 
the  Mother  Country.  Barbe  Marbois  was  not  only  the 
Minister  of  the  Treasury  of  the  Republic  of  France,  but 
was  the  confidential  and  trusted  councilor  of  Napoleon, 
and  was  selected  by  him  as  a  plenipotentiary  for  this  sale. 
These  four  statesmen,  two  of  whom  had  taken  part  in  our 
struggle  for  Independence  and  two  of  whom  were  de- 
cidedly conspicuous  in  the  movements  of  the  French 
Revolution,  perfected  an  agreement  by  which  all  of  Louis- 
iana was  to  be  added  to  the  United  States. 

We  only  asked  for  New  Orleans  and  the  mouth  of  the 
Mississippi.  The  surprise  came  when  Napoleon  said  :  "I 
renounce  Louisiana.  It  is  not  only  New  Orleans  that  I 
will  cede.     It  is  the  whole  country  without  reserve." 

The  price  w-as  $15,000,000  and  the  Treaty  was  signed 
April  30,  1803.  This  was  ratified  by  Congress  November 
3,  1803,  and  the  purchase  made  December  17,  1803,  when 
Livingston  remarked,  "We  have  lived  long,  but  this  is 
the  noblest  work  of  our  lives." 

In  round  numbers  we  obtained  1,037,735  square  miles, 
or  about  664,150,000  acres,  at  two  and  one-fifth  cents  an 
acre.  For  a  sum  less  than  the  amount  which  was 
appropriated  to  properly  celebrate  the  hundredth  anni- 
versary of  this  event  at  St.  Louis,*  a  territory  was  added 
to  the  United    States    which    now    comprises    thirteen 


•The    Exposition    at    St.    Louis    to    celebrate    this    purchase    cost 
$50,000,000.00 — more  than  three  times  the  purchase  price. 


■so  TlIK   GOVERNMENT  OF  WYOMING. 

of  our  States  and  which  moreover  occupies  one-third 
of  the  area  of  the  United  States  and  contains  one- 
fifth  of  the  people  of  America.  The  purchase  gave 
us  the  control  of  the  Mississippi  and  its  tributaries, 
and  it  gave  us  a  commercial  highway.  It  more 
properly  might  be  called  the  acquisition  of  both  the 
Mississippi  and  the  Missouri  rivers,  as  it  includes  the 
entire  length  of  the  Missouri  to  its  head  waters  in  the 
Rocky  Mountains.  To  emphasize  the  value  of  this  tre- 
mendous acquisition  of  land  it  is  worth  while  stating  that 
at  the  present  time  the  wool  products  alone  of  the  States 
made  out  of  the  Louisiana  Purchase  would  pay  the  pur- 
chase price.  The  corn  in  Iowa  would  pay  the  price  six 
times  over.  The  wheat  fields  in  this  territory  are  greater 
than  half  of  all  those  in  our  land  and  their  products  would 
buy  Louisiana  a  hundred  times. 

Technically  France  did  not  occupy  Louisiana  at  the 
time  of  the  purchase.  The  transfer  from  Spain  by  the 
Treaty  of  October  i,  1800,  called  the  St.  Ildefonso  treaty, 
had  never  been  made.  France  did  not  occupy  the  prov- 
ince she  was  selling.  The  formality  of  surrender  and 
delivery  from  Spain  to  France  had  to  be  accomplished 
before  France  could  dispose  of  the  land  to  the  United 
States. 

November  30,  1803,  with  proper  ceremonies  the  yellow 
and  red  flag  of  Spain  was  lowered  at  New  Orleans  and 
the  keys  of  the  Island  turned  over  to  the  French  Repre- 
sentative, who  in  the  name  of  France  raised  the  tri-colors 
of  that  country.  December  20,  1803,  the  tri-colors  de- 
scended as  had  the  Spanish  colors  twenty  days  before 
and  the  Stars  and  Stripes  ascended  and  the  reign  of 
France  on  American  soil  came  to  an  end.  Within  the 
space  of  three  weeks  Spain,  France  and  the  United  States 
each  had  owned  Louisiana,  a  stretch  of  land  embracing 
the  territory  covered  by  Arkansas,  Iowa,  Nebraska,  North 
and     South     Dakota,     Minnesota ;     parts     of    Colorado, 


TIIK     HISTORY    OF    WYOMING.  31 

Kansas,  Louisiana,  Montana,  Minnesota  and  Wyom- 
ing and  Oklahoma,  containing  to-day  a  taxable  wealth 
of  $6,616,642,829,  an  area  larger  than  the  combined 
area  of  Great  Britain,  Germany,  France,  Spain,  Por- 
tugal and  Italy,  and  equal  to  two-thirds  of  the  ter- 
ritory covered  by  the  original  thirteen  States.  It  has 
been  said  this  act  was  by  far  the  greatest  work  of  our 
people  during  the  years  intervening  between  the  adoption 
of  the  Constitution  and  the  outbreak  of  the  Civil  War. 


CHAPTER  V. 

Explorers. 

Several  years  before  the  appropriation  was  made  by 
Congress  for  this  purchase  of  New  Orleans,  Jefferson, 
while  Secretary  of  State  in  1792,  had  in  mind  the  sending 
of  an  exploring  party  to  navigate  the  Missouri  River  to 
its  source.  He  had  a  desire  to  extend  the  commercial 
relation  with  the  Indian  and  to  obtain  some  of  the  benefits 
of  the  region  which  was  being  monopolized  by  traders 
from  Canada  and  British  America.  He  and  his  private 
secretary,  Meriweather  Lewis,  had  talked  the  matter  over 
before  the  Louisiana  Purchase,  and  when  he  became  Presi- 
dent he  strongly  recommended  in  his  message  to  Con- 
gress in  January,  1803,  that  an  expedition  be  sent  into  the 
unknown  Northwest.  Congress  supported  him,  and  his 
instructions  were  drafted  and  plans  formulated  for  the 
trip  June  20,  1803,  which  was  some  days  before  the 
Paris  Treaty  reached  Washington  (July  14,  1803). 

Lewis  was  appointed  by  Jefiferson  to  lead  the  party, 
and  he  in  turn  chose  Captain  William  Clark  to  be  his 
associate.  The  entire  party  consisted  of  the  two  leaders, 
whose  names  have  been  historically  inseparable,  and 
forty-four  assistants.  They  started  from  a  point  near 
New  Orleans  May  14,  1804,  and  returned  to  St.  Louis 
September,  1806,  having  broken  a  path  for  civilization 
which  is  unparalled  in  the  history  of  modern  or  ancient 
times.  On  the  route  they  encountered  trappers  from  the 
south  and  the  Hudson  Bay  Company  men  from  the  north 
and  Indians  over  a  good  part  of  the  journey.  Then  a 
time  came  when  even  these  were  not  seen,  and  for  months 
they  explored  north  and  west  towards  the  Rocky  Moun- 
tains, where  the  native  animals  were  their  only  enemies. 
The  leaders  were  fortunate  in  securing  the  services  of  an 
Indian   squaw,   Sacajawea,  of  the   Shoshone  tribe,   who 


THE    HISTORY    OF    WYOMING.  33 

liad  been  captured  wlien  a  child  and  was  now  the  wife 
of  a  Canadian  French  trapper  and  interpreter.*  She 
acted  as  their  g'uidc.  It  is  questionable  if  without  her 
aid  and  knowledge  of  the  country  the  expedition  could 
have  been  successful. 

While  this  expedition  at  no  time  traveled  over  any  of 
the  country  now  occupied  by  Wyoming,  the  explorers 
came  within  forty  miles  of  the  northwest  corner  of  the 
State  and  heard  of  the  wonders  of  the  Yellowstone  Park. 
The  line  traveled  was  up  the  Alississippi  to  St.  Louis, 
across  the  middle  of  the  present  State  of  Missouri,  north 
on  the  Missouri  to  the  present  site  of  Sioux  City,  Iowa, 
west  and  north  on  the  northern  boundaries  of  Nebraska, 
north  through  the  middle  of  South  Dakota,  north  to 
Bismarck,  North  Dakota,  and  then  northwest,  still  fol- 
lowing the  Missouri  river  into  Montana,  going  south 
from  Fort  Benton,  in  the  northwestern  part  of  Montana, 
to  within  fifty-six  miles  of  the  northwest  corner  of 
Wyoming,  thence  south  and  west,  where  they  crossed 
the  Rocky  Mountains  at  a  point  between  Montana  and 
Idaho,  now  known  as  the  Lewis  and  Clarke  Pass,f  then 
directly  north  to  Fort  Missoula,  crossing  the  Bitter  Root 
Mountains  and  west  to  Lewiston  on  the  boundary  be- 


*When  Lewis  and  Clark  returned  they  paid  Sacajawea's  husband. 
Charboneau,  the  sum  of  $500  for  his  services  to  the  expedition.  All 
trace  was  lost  of  this  Indian  woman  guide,  and  for  nearly  a  century 
no  record  could  be  found  of  her.  The  Exposition  at  St.  Louis  in  1904, 
commemorating  the  centennial  of  the  Louisiana  Purchase,  and  the 
Lewis  and  Clark  Exposition  at  Portland  in  1905  were  very  fruitful  in 
bringing  to  light  data  that  seemed  to  be  lost  to  history.  Among  other 
interesting  facts  it  has  been  established  beyond  a  question  of  doubt 
that  Sacajawea  lived  for  a  great  number  of  years  with  her  tribe  in 
the  Shoshone  Reservation  in  Wyoming;  that  there  are  several  white 
people  living  in  that  locality  who  knew  her;  that  one  of  her  tribal 
names  was  "the  Canoe  Woman,"  and  that  she  was  buried  at  the 
agency  April  9,  1884,  the  services  being  performed  by  a  clergyman  who 
is  at  this  date,  1907,  continuing  his  good  work  among  the  Indians. 

tThe  family  name  appears  as  Clark,  but  the  places  named  for  the 
explorer  are  spelled  Clarke. 


34  THE  GOVERNMENT   OF  WYOMING. 

tween  Idaho  and  Washington,  down  Snake  River  to 
where  it  joins  the  Cokimbia  river  and  on  down  the  river 
to  the  Pacific  Ocean,  having  crossed  the  continent  and 
reached  the  end  of  their  western  exploration,  which  gave 
to  us  (November  15,  1805)  the  territory  now  covered  by 
Oregon,  Washington,  Idaho,  and  a  part  of  Wyoming. 
Here  they  stayed  until  the  next  spring. 

The  return  home  was  over  practically  the  same  country 
to  Fort  Missoula  in  Montana  between  Bitter  Root  and 
the  Rock}'  Mountains,  when  Clark  went  south  to  Clarke's 
Pass  and  through  the  Rocky  Mountains,  at  a  point  just 
east  of  Bitter  Root  Forest  Reserve.  This  point  is  about 
sixty  miles  north  of  the  place  in  the  mountains  where 
they  crossed  when  going  west.  From  here  the  route  was 
north  and  east  to  Bozeman,  about  forty-eight  miles  north 
of  the  northern  boundary  of  Wyoming.  Clark  found  the 
Yellowstone  river  at  a  point  near  Livingston  (named 
after  Robert  Livingston),  and  following  this  east  and 
north  struck  the  Missouri  river  near  Fort  Buford,  at 
which  place  Lewis  joined  him.  From  Fort  Missoula, 
where  Clark  went  south,  Lewis  went  north  and  east  and 
crossed  the  Rocky  Mountains  about  one  hundred  and 
forty  miles  north  of  the  Lewis  and  Clarke  Pass  and 
eighty  miles  north  of  Clarke's  Pass,  then  on  to  the 
Missouri  river  to  Fort  Buford,  just  east  of  the  Montana 
line,  where  Clark  joined  him  and  together  they  returned 
to  St.  Louis,  having  been  gone  two  years  and  four 
months.* 


♦Jefferson  instructed  Lewis  and  Clark  to  observe  carefully  the 
country  over  which  they  passed  and  to  collect  all  specimens  possible  of 
a  botanical  and  zoological  nature  and  to  keep  a  journal  or  diary  and 
to  make  maps  of  the  expedition  as  they  traveled.  These  instructions 
were  carefully  executed,  and  most  of  the  original  records  are  now  in 
the  possession  of  the  American  Philosophical  Society  of  Philadelphia. 
In  1903  it  was  found  that  a  Mrs.  Clark  Voorhis  of  New  York,  had 
received  as  an  inheritance  fi'om  lier  father,  who  was  the  son  of  the 
explorer  Clark,  a  portion  of  this  manuscript. 

Some  of  the  collections  made  on  the  journey  are  still  preserved. 


THE    HISTORY    OP    WYOMING.  35 

On  Lewis'  return  President  Jefferson  made  him  Gov- 
ernor of  Louisiana,  1807,  and  in  1813,  when  the  Missouri 
Territory  was  created  out  of  that  portion  of  the  Louis- 
iana Purchase  not  inchided  in  the  State  of  Louisiana, 
Clarlc  w-as  made  territorial  Governor  of  that  wonderful 
northwestern  country,  which  also  included  all  of  the  land 
in  Wyoming  acquired  by  the  Louisiana  Purchase.  Lewis 
and  Clark  opened  a  new  country  and  blazed  a  path  for 
Western  progress.  In  the  northwestern  part  of  the  State 
of  Wyoming  we  have  a  lake  named  for  Lewis  and  a  town 
and  stream  named  for  Clark.  From  this  time  on  we 
have  more  or  less  authentic  information  as  to  the  settlers 
and  traders  in  Wyoming.  There  are  many  unsubstan- 
tiated reports  of  the  expeditions  made  into  Wyoming 
across  our  southern  boundary  line  by  early  Spaniards. 
We  have  discovered  no  written  records  of  these  explora- 
tions, although  many  stone  and  iron  implements  have 
been  found  in  the  various  counties.  This  indicates 
beyond  a  possible  doubt  that  Wyoming  was  visited  by 
daring  adventurers  before  the  time  of  Lewis  and  Clark. 
Who  they  were,  how  they  came,  and  when  they  left  is  a 
problem  which  may  never  be  solved.  Our  first  authentic 
information  as  to  the  early  explorers  commences  with 
the  French  Canadian,  De  la  Verendrye,  who  explored  in 
Wyoming  as  early  as  1743,  entering  the  State  from 
Montana,  coming  down  the  Shoshone  river  and  south- 
west into  Fremont  county. 

During  the  year  of  the  Lewis  and  Clark  expedition 
Zebulon  Pike  explored  into  the  northern  part  of  Missouri 
as  far  south  as  Mexico  and  into  Colorado,  discovering  the 
famous  Pike's  Peak,  bearing  his  name.  John  Colter  was 
with  Lewis  and  Clark  and  left  the  party  on  its  return 
at  Fort  ]\Iandan  and  in  the  fall  and  winter  of  1806  trapped 
in  Wyoming  on  the  streams  of  the  Big  Horn  and  Stinking 
W^ater  (now  called  Shoshone  river  by  act  of  Wyoming 
legislature  of  1901).     He  crossed  the  Big  Horn  country 


36  THE  GOVERNMENT   OF   WYOMING. 

into  Fremont,  then  west  into  Uinta  and  out  of  the  State. 
He  crossed  Teton  Pass  and  then  back  into  Wyoming^  up 
Lewis  river  into  the  Yellowstone  Park  and  back  to  the 
point  where  he  entered  the  State.  He  carried  to  Clark 
wonderful  tales,  which  were  not  believed,  of  the  marvel- 
lous Yellowstone  which  he  found  in  1807.  Colter  is  not 
only  the  discoverer  of  the  Yellowstone,  but  the  first 
American  to  enter  Wyoming.  Mr.  Coutant  in  his  His- 
tory of  Wyoming  says  there  had  been  other  white  men 
before  Colter,  but  they  were  not  Americans. 

John  Jacob  Astor  organized  a  company  known  as  the 
Pacific  Fur  Company  and  placed  at  its  head  Wilson  P. 
Hunt  to  conduct  an  expedition  into  the  Rocky  Mountains. 
In  August,  181 1,  they  entered  the  northeastern  part  of 
the  State  in  Crook  county,  traversed  the  county  from 
northeast  to  southwest  and  to  a  point  as  far  west  as 
P.uffalo  in  Johnson  county,  from  which  they  traveled  fur- 
ther west  and  south  by  crossing  the  Big  Horn  Mountains, 
going  up  the  Big  Horn  river,  then  to  the  Wind  river, 
through  what  is  now  the  Wind  river  or  Shoshone  Indian 
Reservation,  through  Sherman  Pass,  sighted  the  three 
snowy  peaks  of  the  Grand  Teton  Mountains,  down  Ho- 
bach  river  along  Snake  river  and  thus  crossed  the  State. 
From  here  Hunt  and  his  party  pushed  west  to  the  mouth 
of  the  Columbia  river  and  in  1812  reached  Fort  Astor, 
which  was  built  in  March,  181 1,  as  a  trading  post  on  the 
Pacific  Ocean.  Thus  they  opened  a  way  before  used  by 
no  white  man  for  our  great  i\merican  fur  trade.  The 
Astor  expedition  added  to  our  claim  by  right  of  settle- 
ment to  all  of  the  Oregon  territory,  which  the  English 
did  not  acknowledge  to  be  ours  until  1846. 

One  of  the  Astor  men,  Robert  Stuart,  on  his  return 
from  the  Pacific  Coast  to  New  York,  in  the  summer  and 
fall  of  1812,  discovered  South  Pass,  a  gap  in  the  Rocky 
Mountains  located  in  Fremont  county,  also  the  Sweet- 
water  river.     He   definitely   located   the   source   of  this 


'.  '^; 


^^jS« '^^^S^iK^Sf^^ 


The   Wonders   seen    by    Colter   in    1S07. 
YELLOWSTONE      NATIONAL     PARK. 
Angel   Terrace,   matle  by   the  overflow  from   gey 
Giant  Geyser. 


The    Wonders   seen    by    Colter   in    ISOT. 
YELLOWSTONE      NATIONAL      PARK. 
Angel  Terrace,   made  by  the  overflow  from   geysers. 
Giant  Geyser. 


THE     ]11ST()KV     OF     WVUMING.  :i9 

river,  which  is  a  tributary  of  the  North  Platte,  bein^ 
the  first  to  find  in  Wyoming  a  stream  whose  water  flowed 
toward  the  Mississippi  river.* 

During  December  of  this  year  he  and  his  party  trav- 
eled along  the  North  1  Matte  to  Nebraska,  and  thus  was 
the  path  found  for  the  Overland  Trail  through  Wyoming 
over  which  thousands  upon  thousands  of  explorers  and 
settlers  have  traveled  on  their  way  to  the  Pacific  Ocean 
or  to  the  States  west  of  Wyoming.  Lewis,  Clark,  Colter, 
Hunt,  Stuart  are  all  identified  with  the  early  history  of 
Wyoming. 

During  the  year  1822  \\"illiam  Ashley,  of  St.  Louis, 
trapped  extensively  in  W3'oming  on  the  streams  in  Big 
Horn  county  and  in  1823  again  returned  to  Wyoming  by 
the  way  of  the  North  Platte  river  and  named  the  Sweet- 
water and  Green  rivers. 

James  Bridger,  who  built  Fort  Bridger  in  Uinta  county. 
and  discovered  Bridger  Pass,  was  of  this  party.  Many 
people  in  our  State  knew  Mr.  Bridger,  wdio  died  in  1881. 
He  was  born  in  Virginia  in  1804  and  came  to  Wyoming 
in  1822.  Ashley  sold  all  of  his  interests  in  Wyoming  in 
1824  at  the  time  when  we  were  Missouri  Territory  and 
had  not  yet  become  a  part  of  Nebraska.  Through  his 
influence  numerous  fur  trappers  and  traders  had  been 
through  our  State  to  its  borders.  The  history  of  their 
lives  is  the  History  of  \\'yoming.  Mr.  Coutant  has  made 
many  interesting  chapters  in  his  History  of  W^yoming  on 
this  subject.  In  1828  A\'ilHam  Sublette  discovered  Jack- 
son Lake  south  of  the  Yellowstone  Park  and  named  it 
Jackson  Hole,  after  his  friend  David  Jackson,  who  was 
exploring  at  that  time  with  him.  Captain  Bonneville, 
whom  Washington  Irving  has  aptly  described,  came  to 
Wyoming  in   1832  and  was  interested   in  the  fur  trade. 


*Stuart  was  the  first  American  to  traverse  the  Valley  of  the  Sweet- 
water ♦  •  «  *  and  also  the  first  explorer  of  the  North  Platte. — 
Coutant,    History  of  Wyoming,    Vol.    I,    pages   110   and   118. 


40  'IIIH   (lOVKRNMKNT   OF    WVUMiNG. 

Bonneville  was  an  officer  in  the  regular  army  and  had 
instructions  to  observe  the  traits,  customs  and  modes  of 
living  of  the  Indians.  Similar  instructions  were  given  by 
the  Government  to  Lewis  and  Clark  when  they  explored 
in  1804-06.  Captain  I'onneville  wandered  up  the  North 
Platte,  the  Green  river,  the  Little  Wind  ri\cr,  saw  the  Hot 
Springs  of  Fort  \\^ashakie  in  Fremont  county,  climbed 
Mt.  Bonneville  in  the  \Vind  River  Rang^e  and  finally  left 
\Vyoming  by  the  way  of  the  Snake  river  on  his  way  to 
Fort  Astor.  He  returned  through  \Vyoming  by  way  of 
Jrcar  river,  Ham's  Fork,  Green  river,  Sweetwater  and  the 
Platte  to  Nebraska.* 

Kit  Carson,  the  noted  marksman,  hunted  in  Wyoming 
in  1830,  and  with  him  the  historic  character,  Jim  Baker. 
In  1835  Samuel  Parker  and  Marcus  Whitman  passed  over 
the  State  by  the  way  of  the  Platte,  Laramie  and  Sweet- 
water rivers.  They  stopped  at  Independence  Rock  (on 
whose  sides  one  may  read  to-day  the  names  of  hundreds 
of  pilgrims  who  were  on  their  western  march),  went 
through  South  Pass,  along  Green  river  and  out  of  the 
State  to  W^alla  Walla,  ^^^ashington. 

In  1836  they  returned  to  W3^oming  again  from  the  east 
with  their  brides,  and  on  July  4,  at  South  Pass,  in  the 
name  of  the  country  took  possession  of  the  land  which 
is  now  W'yoming.  From  here  they  pushed  on  to  W^alla 
Walla.  Whitman's  noted  interest  in  the  organization  of 
Oregon  which  at  one  time  embraced  a  part  of  Wyoming, 
makes  his  life  and  history  worthy  of  more  careful  study. 
It  was  he  who  recommended  to  the  Government  the  es- 
tablishment of  forts  along  some  of  our  streams  and 
through  his  influence  F'ort  Laramie  and  Fort  Bridger 
were  purchased,  which  were  then  trading  posts. 


♦These  explorers  on  their  return  to  civilization  told  of  the  majestic 
Teton  Mountains,  in  which  were  found  the  headwaters  of  the  Colum- 
bia  River. 


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THK    HISTORY     OF     WYOMING.  18 

Father  Peter  De  Smet  traveled  through  and  about 
Wyoming  in  the  early  forties,  fifties,  sixties  and  seventies. 
Fremont  explored  in  Wyoming  during  1842.  He  visited 
Fort  Laramie,  and  here  he  addressed  the  Indians,  crossed 
the  State  in  August,  discovered  Fremont's  Peak,  near  the 
western  line  of  the  county,  bearing  his  name.  He  estab- 
lished the  necessity  of  some  direct  overland  communica- 
tion between  the  Atlantic  and  Pacific.  In  1843  he  again 
toured  over  this  country  and  has  left  valuable  records  of 
his  explorations. 

Mr.  Coutant  in  his  History  gives  the  following  table 
of  our  early  explorers,  covering  a  period  of  one  hundred 
years : 

Verendrye 1743 

Colter 1807 

Hunt 181 1 

Stuart 1812 

Bonneville 1832 

Fremont 1842 

Fremont 1843 


CHAPTER  VI. 
The  Territoi'}'  of  Wyoniinj;'. 

These  explorers  encountered  many  difliculties  and  en- 
dured many  hardships.  The  Indians  were  not  always 
friendly;  there  were  many  depredations  and  food  was 
often  scarce.  Advanced  civilization  never  is  able  to  pay 
its  debt  to  the  explorer,  the  frontiersman  and  the  pioneer, 
all  of  whom  have  made  present  conditions  possible.  For 
the  protection  of  these  pathfinders  and  earlier  settlers  the 
government  established  forts  and  military  posts.  The 
earliest  of  these  is  Fort  Laramie  on  the  North  Platte 
river  not  far  from  the  Nebraska  line.  This  post  was 
named  after  Jacques  La  Ramie,  a  French  Canadian  trap- 
per, as  was  Laramie  Peak,  Laramie  county,  Laramie, 
Laramie  river  and  Laramie  Plains.  His  record  dates  as 
far  back  as  1820.  At  this  place  we  have  the  first  settle- 
ment in  the  State.  This  fort  was  a  trading  post  and  the 
fur  business  of  the  State  for  years  centered  around  this 
locality.  The  fort  was  first  built  in  1834,  and  passed 
afterwards  into  the  hands  of  the  American  Fur  Company, 
who  rebuilt  it  in  1836  of  adobes  or  sun-dried  bricks.  The 
Government  i^i  1849  purchased  the  fortress  as  one  of  a 
series  of  forts  along  the  Overland  Trail,  which  were 
located  to  protect  the  settlers,  but  more  particularly  to 
guard  the  lives  of  the  immigrants  seeking  western  homes. 
For  this  same  reason  Fort  Fetterman  was  established  near 
Douglas  and  Fort  Casper.  B}^  this  overland  route 
tjirough  Wyoming  thousands  of  immigrants  went  to 
Oregon,  the  "Forty-niners"  to  the  gold  fields  of  Cali- 
fornia and  the  Mormons  to  Utah.  The  Mormons  took 
the  Overland  Trail  through  South  Pass  and  from  there 
went  south  into  Sweetwater  county,  reached  Fort  Bridger 
in  Uinta  county  and  thence  west  into  their  land  of  prom- 
ise.    This  Overland  Trail  was  changed  in  1862,  entering 


THE     lilSTORV     OF     \VVOML\(i.  4.") 

Wyoming  on  the  south  near  Virginia  Dale,  Colorado, 
went  across  the  Laramie.  Plains  west  to  a  point  south-  of 
Rawlins,  Rock  Springs,  Granger,  Fort  Bridger,  Evanston 
(called  Bear  River  Station)  out  of  the  State.  The  trail 
made  by  the  stages  can  yet  be  traced  when  traveling  over 
our  prairies. 

I'^reighting  over  this  great  Overland  highway  became 
quite  extensive  in  1856  through  the  protective  measures 
which  the  Government  had  established  in  the  military 
posts.  This  was  followed  by  the  Pony  Express  and  a 
regularly  established  stage  route.  It  took  twenty  days 
to  make  the  journey  from  St.  Joseph.  Missouri,  to  Salt 
Lake  City,  Utah.  These  posts  were  used  as  stopping  sta- 
tions when  changes  of  horses  were  made  and  necessary 
repairs.  A  telegraph  line  from  Omaha  to  California 
going  through  Wyoming  over  the  Overland  Trail  was 
completed  in  1861,  and  we  were  thus  put  into  close  touch 
with  the  outside  world.  The  years  1865,  "66,  '67  were 
filled  with  bloody  Indian  wars  and  thrilling  massacres. 

The  Union  Pacific  Railroad  Company  commenced  to 
cross  the  State  in  1867  and  rapidly  pushed  west  over  the 
southern  area.  By  acts  of  Congress,  1862  and  1864,  the 
odd  numbered  sections  for  twenty  miles  on  each  side  of 
the  railroad  became  the  property  of  the  Union  Pacific. 
There  are  no  navigable  rivers  in  Wyoming  giving  us  nat- 
ural transportation  facilities,  and  in  this  matter  we  are  en- 
tirely dependent  upon  railroads.  With  the  coming  of  this 
sign  of  civilization  we  needed  a  fixed  form  of  government 
and  we  needed  our  public  lands  surveyed  and  we  needed 
dift'erent  tribunals  than  the  \^igilance  Committee. 

The  people  asked  Congress  in  1868  to  admit  Wyoming 
as  a  Territory.  The  people  living  in  our  State  thought 
a  territorial  government  would  better  the  lawless  condi- 
tion then  in  existence.  They  agitated  the  question 
among  themselves  and  sent  Dr.  Herman  Latham  to 
W^ashington  to  represent  them  in  the  matter.     He  pre- 


4«  TllK   GOVEH.XMK.N'r   OF    WYOMINO. 

sented  a  petition  to  Congress  asking  for  a  territorial 
organization  to  he  called  Wyoming,  setting  forth  the 
facts  and  reasons  which  made  this  action  both  advisable 
and  necessary. 

INIany  supporters  were  found  for  the  measure,  and  a  bill 
was  introduced  in  Congress  February  13,  1868,  to  create 
a  new  territory.  This  bill  was  not  passed  until  July  25, 
1868. 

It  was  proposed  to  call  our  State  the  Territory  of  Lin- 
coln and  also  the  Territory  of  Cheyenne.  July  25,  1868, 
President  Johnson  signed  his  name  to  a  bill  which  made 
this  the  Territory  of  \\  yoming.  This  name  was  sug- 
gested by  the  people  of  Wyoming,  having  been  pre- 
viously advocated  by  Ashley  in  1865  and  L.  R.  Freeman 
in  1866.  The  word  AVyoming,  which  means  the  "large 
plains,"  comes  from  the  Delaware  Indian  name  Maugh- 
wauwama. 

The  Territory  of  Wyoming  was  formed,  and  we  thus 
took  our  first  step  toward  Statehood. 

Territorial  officers  were  not  given  us  until  April  7, 
1869.  Nominations  for  appointment  were  made  by  Presi- 
dent Johnson,  but  the  Senate  did  not  confirm  them. 
Soon  after  Grant's  inauguration,  however,  the  new  ap- 
pointments were  made  and  promptly  confirmed  by  the 
Senate. 

The  Territory  was  organized  May  19,  1869,  and  the 
first  election  was  held  September  2,  1869,  when  our  first 
legislature  was  elected  and  our  delegate  to  Congress. 
The  authority  to  send  a  delegate  to  represent  Wyoming 
was  the  opening  wedge  for  full  representation  in  the 
Senate  and  House  of  Representatives  twenty-one  years 
after  when  in  1890  we  became  a  State. 

The  boundary  lines  for  the  territory  ^vere  the  same  as 
those  adopted  when  we  became  a  State.  The  area  em- 
braced   within    our   borders    is    as    great   as    New   York, 


TlIK     HISTORY    OF    WYOMING.  47 

Pennsylvania  and  New  Jersey  combined.  The  area  is 
one  and  one-half  times  as  large  as  all  of  New  England. 

The  development  of  the  Territory  was  necessarily  slow. 
The  Union  Pacific  in  the  early  territorial  days  did  not 
assist  in  the  development  of  the  country  along  its  line 
as  had  been  expected.  Its  chief  purpose  was  to  carry 
traffic  to  the  Pacific  Coast.  There  was  little  thought  of 
permanent  homes,  and  the  existence  of  those  who  were 
in  Wyoming  was  only  temporary.  Cheyenne  had  but 
one  house  on  July  5,  1867;  all  living  places  were  confined 
to  tents  and  shanties.  It  was  the  terminus  of  the  Union 
Pacific  Railway  for  the  winter,  and  a  large  floating  popu- 
lation moved  west  with  the  railroad.  In  1868  Laramie 
had  its  first  building.  From  here  this  mixed  population, 
consisting  of  a  very  undesirable  class  of  people,  moved 
further  west  with  the  progressing  railroad  and  finalh'  out 
of  the  State. 

The  Indian  question  was  a  constant  hindrance  and 
drawback  to  the  settlement  of  the  territory.  The  "red- 
man"  waged  continual  war  against  the  settlers  and 
yielded  to  advanced  civilization  very  stubbornly.  Fort 
Phil  Kearney  was  established  on  July  15,  1866,  in  John- 
son county,  just  south  of  the  boundary  of  Sheridan 
county.  The  Indians  did  not  want  an  encroachment 
in  any  part  of  the  country,  and  in  December  of  that  year 
killed  eighty-one  people  connected  with  this  locality. 
The  fort  was  abandoned  in  1868. 

Wyoming  was  a  center  for  hunting  bufit'alo  and  animals 
valuable  for  their  furs.  A  treaty  made  at  Fort  Bridger 
with  the  Government  in  1868  contained  terms  by  which 
the  Shoshone  and  Bannock  Indians  were  given  a  tract 
of  land  called  the  \^^ind  River  Reservation  situated  in 
Fremont  county  covering  an  area  of  1,520,000  acres  and 
occupying  one  of  the  most  fertile  spots  in  the  State. 

The  Bannocks  did  not  stay  long  on  the  territory,  and 
in   1872  the   Arapahoes   were  transferred   from   the    Red 


48  'lllH   COVKHX.MIO.X'r   OF    W  \(>M  I  .NMl. 

Cloud  Sioux  Rescr\'ation  to  the  Reservation  in  this  State, 
and  the  two  tril)es,  Shoshone  and  Arapahoe,  though  orig- 
inally not  friendly,  ha\'e  li\'cd  on  this  same  traet  since 
that  time.  This  tract  was  for  a  long  time  the  great 
annual  hunting  ground  for  the  Sioux,  Chcyennes,  Arapa- 
hoes  and  the  Crows.  This  land  was  closed  against  the 
actual  settler.  The  Indians,  while  keeping  the  pros- 
pectors and  settlers  from  their  special  locality,  came  dowU 
to  the  southern  part  of  the  State  stealing  cattle  and  kill- 
ing the  white  men.  Governor  Thayer  as  late  as  1875 
in  his  message  to  the  Fourth  Territorial  Assembly  urged 
that  the  Indians  be  compelled  to  stay  on  their  reserva- 
tions and  that  the  tribal  relations  be  dissolved. 

The  treaty  signed  at  Fort  Bridger  in  1868  was  con- 
tracted by  a  Commissioner  on  the  part  of  the  United 
States  on  the  one  hand  and  Washakie  and  other  chiefs 
for  the  Eastern  band  of  the  Shoshone  Indians  and  Tag- 
gee  for  the  Bannock  tribe  on  the  other.  The  treaty  con- 
tained a  pledge  of  peace,  an  agreement  by  the  Govern- 
ment to  keep  the  white  man  from  the  reservation,  and  if 
he  destroyed  the  peace  he  was  to  be  punished;  if  the  In- 
dians committed  the  depredation  the  chiefs  pledged  to 
have  them  arrested  and  tried  before  the  law.  The  Gov- 
ernment agreed  to  erect  a  series  of  buildings  on  the 
reservation  and  to  give  the  Indians  a  ph3^sician,  carpenter, 
miller,  engineer,  farmer,  blacksmith  and  teacher.  The 
Government  appointed  an  agent,  who  lived  on  the  reser- 
vation and  directed  and  supervised  the  affairs  and  heard 
all  cases  brought  against  the  Indians  for  depredations. 
The  Indians  agreed  to  make  the  reservation  their  perma- 
nent homes,  but  reserved  the  right  to  hunt  on  unoccupied 
lands  of  the  United  States.  Each  head  of  a  family  was 
granted  the  privilege  of  selecting  land  not  to  exceed  320 
acres,  to  be  held  in  his  name  for  the  exclusive  possession 
of  his  family  as  long  as  he  continued  to  cultivate  the 
tract.     The  Government  required  the  Indians  to  compel 


Chief   Washakie,    who   signed    the   Treaty    in    ISdS    at    Fort    Bridser 
for  the   Slioslione  Indians. 


(From  Cheyenne  Leader.) 


THE    HISTORY    OF    WYOMING.  .")! 

their  children  between  the  ages  of  six  and  sixteen  years 
to  attend  school,  and  for  every  thirty  children  a  Govern- 
ment teacher  was  provided.  They  were  to  be  clothed  by 
the  Government  and  seed  and  agricultural  implements 
were  provided,  and  in  addition  to  this  money  was  granted 
to  each  one  of  the  tribe  for  a  period  of  thirty  years. 
Every  roaming  Indian  was  to  receive  $10.00 ;  $20.00  were 
granted  to  the  agricultural  Indian. 

The  Government  did  not  give  them  the  money,  know- 
ing their  ignorance  of  its  value,  and  the  impositions 
practiced  on  them  through  this  ignorance.  In  lieu 
of  the  money  this  amount  was  spent  by  the  Secre- 
tary of  the  Interior  for  articles  for  the  Indians  as 
necessity  demanded.  The  Shoshones  claimed  to  have 
occupied  their  present  territory  of  the  Wind  River 
Reservation*  on  the  land  in  the  region  between  the 
Snake  and  Eig  Horn  rivers  since  1781,  when  they 
finally  conquered  the  Crow  Indians.  This  was  a 
decade  before  we  made  any  claim  to  the  land  within 
the  State.  Our  earliest  title  dates  with  the  discov- 
ery of  the  mouth  of  the  Columbia  river  in  1792  by 
Gray.  The  Shoshone  chiefs  ruling  Wyoming  were  con- 
temporaneous with  Washington  of  the  United  States, 
Charles  III  of  Spain,  Louis  XVI  of  France  and  George 
III  of  England. 

These  Shoshone  Indians  were  governed  by  the  same 
chief,   Washakie,    for   over   seventy  years.     He    was   the 


*During  the  summer  of  1906,  in  accordance  with  an  Act  of  Con- 
gress dated  March  3,  1905,  a  part  of  this  reservation  was  thrown  open 
for  settlement.  This  tract  embraces  all  of  the  land  north  of  the  Big 
Wind  river  and  east  of  the  Popo-Agie  equal  to"  about  a  million  and  a 
half  acres  of  agricultural  and  grazing  lands.  The  Indians  sold '  this 
portion  of  their  reservation  to  the  Government,  hence  this  land  does 
not  belong  to  the  State  until  filed  upon,  but  to  the  United  States,  and 
is  open  to  entry  for  the  settler  and  pi-ospector  under  the  homestead, 
coal  and  mineral  laws.  Sections  16  and  36  (school  sections)  in  each 
township  became  the  property  of  the  State,  amounting  to  about  92,000 
acres. 


r)2  'I'lIK   <i()VKKXMIv\'r   OI'-'   WVOMINCi. 

chief  before  the  Treaty  of  i<SC)8.  and  remained  continu- 
ously in  the  position  until  his  death  on  February  22,  1900. 
lie  was  considered  the  most  intelligent  Indian  chief  in 
North  America.  The  long  continued  peace  which  this 
tribe  maintained  can  be  attributed  to  Washakie's  skill, 
firmness  and  integrity.  He  never  broke  a  treaty,  and 
General  Crook  spoke  in  highest  terms  of  his  work  in  the 
expedition  against  the  Sioux  when  he  lost  a  favorite  son 
in  the  contest.  He  was  the  last  chief  of  his  tribe.  The 
Arapahoes  also  have  no  chief,  for  the  reason  that  the  Gov- 
ernment now  requires  each  tribe  to  elect  a  council  of  six 
to  represent  them  in  all  matters. 

The  Indian  is  amenable  to  the  white  man's  laws  for 
acts  committed  when  off  the  reservation.  I"or  certain 
misdemeanor  and  crimes  against  themselves  they  are 
tried  before  a  court  composed  of  their  own  people.  The 
Lhiited  States  courts  have  jurisdiction  of  all  felonies 
committed  by  them  against  the  laws  of  the  United  States 
and  their  cases  are  tried  in  the  United  States  District 
Court,  where  they  are  sentenced  and  punished  in  accord- 
ance with  the  United  States  laws.  The  reservation  is  not 
a  legal  part  of  this  State.  Formerly  the  Indians  used  to 
trade  land  with  whomsoever  they  pleased.  Since  1789 
no  one  except  the  United  States  has  a  legal  right  to  deal 
with  them.  Their  lands  do  not  belong  to  the  Indian  indi- 
vidual, but  to  the  entire  tribe.  The  tribe  and  the  Fed- 
eral Government  make  the  land  transfers.  These  acts 
were  commonly  called  treaties,  now  they  are  known  as 
contracts.  President  Johnson  instituted  this  reservation 
idea  as  a  protection  for  the  Indians.  Previous  to  1830 
there  was  a  north  and  south  line  drawn,  east  of  which 
the  Indian  could  not  locate,  west  of  which  the  white 
man  could  not  settle,  until  gradually  the  Indians  were 
])ushed  further  and  further  west.  This  forced  some  ac- 
tion on  the  part  of  the  government,  which  was  to  allot 
to  them  certain  definite  localities. 


FRANK    MENICHE 

(Jack   Rabbit) 

Arapahoe   Indian. 


DICK    WASHAKIE 

(Son   of  Chief  Washal<ie) 

Shoshone   Indian. 


TIIK     HISTORY     OF     WYOMrXC.  55 

The  Sioux  surrendered  to  General  Crook  in  1877  and 
1878  which  stopped  the  depredations  and  brought  peace 
to  Wyoming'.  Property  and  life  being  more  secure, 
wealth  and  population  increased  and  there  was  a  com- 
mencement of  prosperity. 

The  first  (jovernor  of  Wyoming  was  John  A.  Camp- 
bell, who  was  appointed  by  President  Grant.  He  also 
filled  the  office  of  Superintendent  of  Indian  Affairs.  As 
Governor  he  organized  the  Territory,  which  was  put  in 
operation  May  10,  1869,  and  called  the  first  election  for 
Delegate  to  Congress*  and  for  members  of  the  Territorial 
Legislature.  This  election  was  held  September  2,  1869, 
and  the  Legislature  met  in  Cheyenne,  October  12  of  that 
year.  He  held  the  office  as  Governor  until  January,  1875, 
having  been  appointed  for  a  second  term. 

At  the  first  Legislative  Assembly  on  December  10,  1869, 
A\^oman  Sufifrage  was  inaugurated  and  the  women  of 
W3^oming  were  granted  this  right  by  the  following  sec- 
tion : 

Section  1. — ^Every  woman  of  the  age  of  twenty-one 
years  residing  in  this  territory,  may,  at  any  election  to  be 
holden  under  the  laws  thereof,  cast  her  vote.  And  her 
rights  of  the  election  franchise  and  to  hold  office  shall  be 
the  same  under  the  election  laws  of  the  Territory  as  those 
of  electors. 

The  section   in  the  State  Constitution  on  this  subject 
reads : 
^Section  i.  Article  VL) 

The  rights  of  citizens  of  the  State  of  Wyoming  to  vote 
and  hold  office  shall  not  be  denied  or  abridged  on  account 
of  sex.  Both  male  and  female  citizens  of  this  State  shall 
enjoy  equally  all  civil,  political  and  religious  rights  and 
l>rivileges. 

Mrs.  Esther  Alorris  was  the  pioneer  v/orker  for  Woman 
Suffrage  in  this  State.  She  herself  held  the  position  of 
Justice  of  the  Peace,     ^^'omen  in  the  State  at  the  present 

*Hon.   Stephen  F.   Nuckolls. 


56  THK   (iOVERNMENT   OF   WVOMIXC. 

time  liokl  that  ofificc.  During  the  lirst  years  of  Terri- 
torial government  women  served  on  the  jury.  Five 
women  served  on  the  Grand  Jury  in  Laramie  in  March, 
1870,  and  seven  on  the  Petit  Jury.  'J'his  is  the  first  com- 
mon law  jnry  where  woman  ever  acted  in  the  capacity  as 
juror.  This  was  under  the  administration  of  Chief  Judge 
Howe  and  this  Grand  Jury  had  brought  before  it  bills 
for  consideration  of  murder  cases,  cattle  stealing  and 
illegal  branding.  Women  served  for  three  consecutive 
terms  of  court  under  Judge  Howe  when  it  was  decided 
under  the  law  that  women  had  no  right  to  serve  as  jurors. 
Most  of  the  County  Superintendents  of  Public  Schools 
in  the  State  are  women.  One  woman*  has  been  State 
Superintendent  of  Public  Instruction  since  Statehood, 
and  a  number  of  women  have  served  as  trustees  of  the 
State  University. 

No  attempt  after  the  second  territorial  legislature  has 
ever  been  made  to  repeal  the  law  granting  woman  this 
right  of  franchise.  When  the  subject  came  up  for  dis- 
cussion a-t  the  time  of  the  adoption  of  the  State  Con- 
stitution, the  Constitutional  Convention  was  practically 
unanimous  for  a  continuation  of  woman  suffrage. 

The  territory*  commenced  with  four  counties,  Lara- 
mie, Alban}-,  Carbon  and  Carter  (afterwards  Sweetwater) 
and  all  extended  from  the  southern  to  the  northern  boun- 
daiies  of  the  State.  The  seat  of  government  of  each  of 
the  four  counties  was  along  the  line  of  the  Union  Pacific. 
They  were  created  under  the  territorial  jurisdiction  of 
Dakota  and  were  in  existence  when  Wyoming  Territory 
w^as  organized.  In  1867  there  were  only  two  counties, 
Laramie  and  Carter.  Laramie  embraced  all  of  the  east- 
ern half  of  the  State  and  Sweetwater,  or  Carter,  extended 
west  to  the  present  eastern  boundary  of  L^inta  county  and 
went  from  the  northern  to  the  southern  boundaries  of  the 


*Miss    E.stelle    Reel,    now    (1907)    Superintendent    of    Indian    School 
Service. 


THE     IirSTOKV    OF    WYOMING.  57 

Stale.  Uinta  count}'  was  not  formed,  but  was  then  a 
part  of  Idaho  and  IJtali.  There  are  now  thirteen  coun- 
ties in  the  State,  organized  as  follows: 

Counties.     Original  bot;ndaries  defined  by 
Act  of  \\'yoming-  Legislature.* 

Albany    1869 

Rig-  Horn 1890 

(Authorized),  1896  (Organized). 

Carbon    1870 

Converse 1888 

Crook    1875 

Fremont    1884 

Johnson    1875 

(Authorized  as  Pease  county),  1879  (Or- 
ganized as  Johnson.) 

Laramie    1869 

Natrona if 

Sheridan li 

Sweetwater    1869 

Uinta 1869 

Weston   1890 


*Derivation  of   County  names. 

Albany  named  by  a  resident  of  Albany,  N.  Y.,  who  served  in  the 
Dakota  Legislature. 

Big  Horn,  for  the  Big  Horn  or  Rocky  Mountain  Sheep  living  in  that 
locality. 

Carbon,  because  of  the  coal  found  in  the  county. 

Converse,  for  A.  R.  Converse,  a  stockman  of  Cheyenne. 

Crook,  for  General  George  Crook,  the  Indian  Scout. 

Fremont,   for  General  C.   Fremont,   the  explorer. 

Johnson,   for  E.   P.   Johnson,   an   Attorney-at-Law  of  Cheyenne. 

Laramie,  for  Jacques  La  Ramie,  the  French-Canadian  trapper. 

Natrona,  from  the  deposits  of  Natron  or  Soda. 

Sheridan,    for   General    Phil   Sheridan. 

Sweetwater,  for  the  taste  of  the  water  in  the  stream  bearing  this 
name. 

Uinta,  for  the  Uintah  Indians. 

Weston,  for  Dr.  Weston,  who  was  instrumental  in  bringing  a  rail- 
road into  that  section. 


58  TlIK   COVHRiXMKNT   OF   WVOMINd. 

J3uring  the  territorial  days  stock  raising  was  the  great- 
est industry  of  Wyoming.  The  years  of  1880  to  1882 
were  years  of  wonderful  prosperity  for  the  stock  inter- 
ests. Man}'  settlers  came  to  our  State  during  these  years 
and  took  up  government  land,  making  their  homes  along 
our  streams,  and  fencing  in  their  possessions.  The  large 
tracts  of  land  formerly  controlled  but  not  owned  by  the 
"Cattle  Kings"  became  greatly  reduced,  and  with  this 
limited  domain  and  the  worthlessness  of  land-  without 
direct  communication  to  water  the  stock  interests  de- 
clined, although  to-day  it  is  the  leading  industry  of  the 
State. 

The  population  of  Wyoming  in  1870  was  9,118,  in  1880 
it  was  more  than  double,  reaching  20,798,  in  1890,  at  the 
time  of  Statehood,  it  had  gained  to  60,705,  while  in  1900 
it  had  reached  92,531.  Of  this  number  75,116  were  na- 
tive born  and  17,415  were  of  foreign  birth;  58,184  w^ere 
males,  34,347  females,  89,051  were  white,  940  negroes,  461 
Chinese,  393  Japanese  and  1,686  Indians.  The  State  cen- 
sus taken  in  1905  shows  the  population  to  have  increased 
to  101,817. 


CHAPTER  VII. 
From  Territory  to  State. 

■  The  inhabitants  of  Wyoming  were  anxious  to  pass  from- 
a  territorial  form  of  government  to  that  of  self-govern- 
ment. While  a  territory  we  did  not  have  a  voice  in  the 
selection  of  our  chief  executive  officers.  The  Governor, 
Secretary  of  State,  Chief  Justice  and  the  two  Associate 
Justices,  Attorney  and  Marshal,  were  all  appointed  by 
the  President  of  the  United  States  and  subject  to  the  ap- 
proval of  the  Senate.  These  officers  were  not  residents  of 
the  territory  and  came  to  us  as  strangers  with  little  or  no 
knowledge  of  the  immediate  needs  of  the  people,  and 
when  their  term  of  office,  four  years,  expired,  they  gen- 
eralh'"  returned  to  their  native  States,  to  have  their  place 
again  taken  by  others  who  knevv'  not  the  necessities  and 
problems  confronting  our  citizens.  These  officers, 
though  worthy  and  able  men.  were  not  representatives  of 
the  interests  of  the  territory.  We  wished  a  government 
"of  the  people,  by  the  people,  for  the  people."  These 
same  "people"  felt  that  their  highest  interests  would  be 
best  secured  by  "home  rule.''  would  be  more  speedily 
established,  if  men  who  had  cast  their  fortunes  with 
Wyoming  and  had  faith  in  her  future  were  at  the  helm. 
These  "people"  were  willing  to  assume  this  important 
responsibility  and  take  the  affairs  of  State  into  their  own 
hands.  Another  reason  for  the  desired  change  was  that 
we  had  no  voice  in  the  making  of  the  laws  in  Congress. 
We  sent  a  Territorial  Delegate  to  Congress  who  was 
granted  a  seat  in  the  House  of  Representatives,  but  was 
not  permitted  to  vote  on  any  measure.  We  were  obliged 
to  obey  the  laws  made  by  the  General  Government  and 
demanded  a  voice  in  the  formulation  of  them.  We  had  no 
voice  in  the  election  of  our  Chief  ^Magistrate  who  sent 
officers  to  govern  and  rule  over  us.     We  were  under  the 


(ill  'I'HK  (JOVKKXMKNT   OF   WVO.MIXG. 

supervision  of  Congress,  which  at  its  will  could  annul  any 
of  our  legislative  acts  and  there  was  no  redress.  (3ur 
alien  Governors,  if  not  in  harmony  with  the  i)eople  of  the 
Territoiy,  could  veto  any  proposed  legislative  measure 
of  vital  interest  to  the  progress  of  the  State.  We  bcr 
lieved  that  laws  should  he  enacted  by  those  only  over 
whom  they  were  to  be  ])ut  in  force.  We  had  no  United 
States  Senator,  no  Representative  in  Congress,  and  the 
cry  of  Revolutionary  days,  "Taxation  without  Repre- 
sentation" was  raised.  W^e  desired  ecjuality  with  our  ad- 
joining States  by  admission  into  the  Union,  and  above  all, 
we  sought  local  self-government.  We  had  reached  our 
majority  after  serving  an  apprenticeship  of  twenty-one 
years  with  territorial  government  and  petitioned  to  be 
free  citizens,  members  of  a  nation,  where  before  we 
had  only  been  in  a  nation. 

The  citizens,  believing  development  and  growth 
synonymous  with  a  change,  elected  members  to  the  Tenth 
Legislative  Assembly,  with  the  understanding  that  it 
would  be  expressing  the  voice  of  the  people  at  the  polls 
if  at  the  next  session  the  first  active  steps  were  taken 
toward  Statehood. 

This  legislature  met  in  January,  1888,  and  in  the  form 
of  a  joint  resolution  from  the  Territorial  Senate  and 
the  House  of  Representatives  memorialized  Congress  on 
the  "State  of  Wyoming."  The  resolution  set  forth  the 
resources  of  the  Territory,  the  valuation  of  our  industries, 
the  condition  of  our  educational  advantages,  the  popula- 
tion, and  asked  for  legislation  by  Congress  to  enable 
the  people  of  the  Territory  to  form  a  Constitution  and 
vState  government,  and  also  for  the  admission  of  such 
State  into  the  Union. 

The  Memorial  was  sent  to  Congress  through  our  Dele- 
gate,*   who   had   a   bill    introduced    in   the    Fiftieth   Con- 


*Hon.  Joseph  M.  Carey. 


TTII>;     insTOHV     OF     \VYOMI\(;.  61 

gress  which  provided  for  a  Constitutional  Convention. 
This  is  known  as  Senate  l>ill  No.  2445,  which  was  re- 
ported favorably  to  the  Senate  of  the  United  States 
February  27,  1889.-  In  accordance  with  the  provision  of 
this  bill,  a  majority  of  the  counties  through  their  County 
Commissioners,  petitioned  our  Governor  to  apportion  the 
number  of  delegates  to  attend  a  Constitutional  Conven- 
tion and  to  execute  all  such  other  acts  as  were  necessary 
for  convening  the  Convention  in  accordance  with  the 
regulations  contained  in  the  Senate  bill.  The  Governor, 
Secretary  of  State  and  Chief  Justice  divided  the  Territory 
into  delegate  districts.  They  apportioned  the  number  of 
delegates  among  several  districts  in  proportion  to  the 
population  in  each  said  district  upon  a  basis  of  the  votes 
cast  for  Delegate  to  Congress  on  November  6,  1888.  Each 
of  the  counties  of  the  Territory  was  made  a  delegate  dis- 
trict, and  fifty-live  delegates  were  apportioned.  The 
Governor  on  June  3,  1889.  issued  a  proclamation  setting 
the  second  Monday  in  July,  1889,  as  a  day  for  electing 
delegates  to  a  Constitutional  Convention,  to  be  held  in 
Cheyenne  the  first  ^Monday  in  September.  1889.  The 
proclamation  commenced  as  follows : 

"Whereas  the  Territory  of  "Wyoming  has  the  popula- 
tion, material  resources,  public  intelligence,  and  morality 
necessary  to  insure  a  stable  local  government, '  '• — 

Following  this  general  statement  the  executive  stated 
that  he  was  convinced  that  a  large  majority  of  the  citi- 
zens of  Wyoming  were  desirous  of  forming  for  them- 
selves a  constitution  and  State  government  and  of  being 
admitted  into  the  Union  and  of  exercising  the  rights  and 
privileges  guaranteed  to  a  free  and  loyal  people  under  the 
Constitution  of  the  United  States.  He  asked  further  that 
representative  men  of  character  and  ability  be  chosen  as 
delegates  to  justly  represent  all  of  the  classes  and  people 
in  Wyoming,  men  who  would  frame  a  Constitution  which 
could  be  submitted  to  the  people  for  ratification  or  re- 
jection. 


62  THP]   COVKKNMKNT   OF    WVOMIA'C. 

Every  county  elected  delegates  and  sent  them  to  the 
convention,  which  met  in  the  Capitol  at  Cheyenne  on 
September  3d,  and  was  in  session  until  September  30, 
1889.  This  Convention  contained  representative  citizens, 
a  careful,  conscientious  and  conservative  class  of  men, 
representing  no  one  class,  or  political  party.  There  were 
in  the  Convention  men  from  all  walks  in  life,  from  the 
farmer  to  the  statesman,  men  who  had  or  have  since  then 
served  the  State  in  the  following  capacities  :  Chief  Justices 
(3),  United  States  Senator,  United  States  District  Judges 
(2),  Governors  (3),  Representative  to  Congress,  President 
of  the  University,  State  Treasurers  (2),  and  also  repre- 
sentatives for  the  stock  industry,  for  the  mining  interests, 
for  the  merchant,  for  the  press,  and,  by  far  the  largest 
number  representing  the  legal  profession.  A  majority  of 
the  members  had  served  the  Territory  in  the  legislature. 
They  were  not  novices,  but  men  of  wide  experience  and 
careful  judgment,  familiar  with  the  present  and  future 
needs  and  necessities  of  the  State. 

Our  Constitution,  as  it  now  exists,  was  formulated  and 
adopted  by  this  Convention  and  signed  by  the  members. 
In  accordance  with  a  resolution  passed  b)^  this  body  the 
Governor  called  a  special  election  for  November  5,  1889, 
asking  the  citizens  to  ratify  or  reject  the  Constitution  as 
presented.  The  voice  at  the  polls  gave  an  overwhelming 
majority  for  the  document. 

A  bill  for  the  admission  of  \\'yoming  as  a  State  into 
the  Union  on  an  equal  footing  with  the  original  Thirteen 
States,  was  introduced  in  the  Flouse  of  Representatives 
at  the  next  Congress.  The  bill  passed  the  House,  was 
sent  to  the  Senate,  where  an  amendment  was  made  in 
reference  to  the  Yellowstone  Park,  and  the  bill  returned 
to  the  House  of  Representatives  for  concurrence.  The 
House  agreed  to  the  amendment  and  the  bill  was  passed, 
with  the  signature  of  the  President  of  the  United  States* 


*Ben.iamin     Harrison. 


THK    illSTURV     OF     WYOMING.  63 

attached  to  the  bill,  on  July  lo,  1890.  The  long  struggle 
for  equality  and  liberty  had  ended  and  Wyoming  became 
the  forty-fourth  State  of  the  Union.  In  the  fall  of  this 
year  the  people  elected  the  State  ofificers,  a  Representative 
to  Congress  and  members  of  the  First  State  Legislature. 
The  most  important  action  taken  by  this  assembly  was 
the  election  of  two  United  States  Senators.*  We  now- 
had  a  voice  in  our  National  laws,  through  our  Senators 
and  our  Representative,  we  had  a  voice  in  the  selection  of 
our  President  by  virtue  of  our  three  electoral  votes,  and 
we  chose  our  State  officers  by  the  voice  of  the  people  at 
the  polls. 

The  Constitution  took  effect  and  was  in  full  force  imme- 
diately upon  the  admission  of  the  territory  as  a  State, 
July  10.  1890.  (Art.  XXI,  Sec.  8.)  While  the  Constitu- 
tion was  framed  and  submitted  to  the  people  for  adoption, 
l)efore  Congress  enacted  a  law  for  the  admission  of 
Wyoming  into  the  Union,  it  was  stated  by  Art.  XXI,  Sec. 
23,  that  there  was  no  intention  or  purpose  on  the  part 
of  the  Convention  to  set  up  and  organize  a  State  govern- 
ment until  such  time  as  the  United  States  Government 
in  its  wisdom  and  authority  should  admit  the  Territory 
as  a  State.      (To  be  called  Wyoming.) 

REFERENCES. 

Windsor,  Narrative  and  Critical  History  of  America,   Vol.  II. 

Hinsdale,  How  to  Teach  History,  Annexation. 

Hermann,  The  Louisiana  Purchase.  (A  Government  publica- 
tion.) 

Hosmer,  The  Louisiana  Purchase. 

Hosmer,  A  Short  History  of  the  Mississippi  Valley. 

Lewis  and   Clark,  The   Expedition  of  Lewis  aud   Clark. 

Dye,   The   Conquest. 

McMaster,  ^History  of  the  People  of  the  United  Statf^S,  Vol. 
II,  Chap.  XIIL 

Wilson,  A  History  of  the  American   People,  Vol.  TIL 

Washington  Irving,  Astoria. 


*Hon.   Josepli   M.    Carej^  and   Hon.   Francis  E.   W^arren. 


64  TIIK   C.OVKRNMKNT   ()!•'   \VYOMrN(?. 

(?ozucr,  The  Lost  Trappers. 

Chittcudeu,    the    History    of    tlio    American    Fur    Trade    of    the 
Far  West. 

i''romout,    Report    of    tlie     lOxploriiig     Exi)editioii    to    the    Rocky 
Mouutaius. 

tlcury   and  Thompson,   New  Light  on  the    Karly  History  of  the 
Greater  Northwest.     (Ed.  by  Couea.) 

Roosevelt,    Winning   the   West,   Vol.   IV. 

Hiusdale,  The  Old  Northwest. 

Winsor,  The  Mississippi  Basin   (1697-17G3). 

The   Western    Movement    (1763-1798). 

Austin,  Steps  in  the  Expansion  of  Our  Territory. 

Hitchcock,  The  Louisiana  Purchase. 

Thwaites,  Rocky  Mountain  Explorations. 

Coucs,  The  Expeditions  of  Zebulon  Montgomery  Pike. 

Chittenden,    Yellowstone    National    Park. 

Northwestern    Wyoming,    Including    Yellowstone    National    Park 
(Government  publication) . 

Brooks,  First  Across  the  Continent. 

Bancroft,  Vol.  XXV.     Wyoming, 

Mowry,  Marcus  Whitman  and  the   Early   Days   of  Oregon. 

Parkman,  The  Oregon  Trail. 

Burton,   The   City  of   the   Saints,   and   Across   the   Rocky   Moun- 
tains to  California. 

Coutant,  History  of  Wyoming,  Vol.  I. 

Wyoming  Historical  Collections,  Vol.  I. 

Wyoming,    Compiled    Laws    1876,    Sioux    and    Shoshone    Indian 
Treaties. 

U.   S.    Geological    Survey   Bulletins,    No.    171    (for    State   bound- 
aries). 

Pomeroy,  Constitutional  Law. 

Story,  The  Constitution. 

Cooley,  Constitutional  Limitations. 

Journal  and  Debates  of  the  Constitutional   Convention  of  Wyo- 
ming. 

Davis,  The  L^uiou  Pacific  Eailway. 

McClain,  Constitutional  Law  in  U.  S.,  Ch.  XXXII. 

Fovman,  Advanced  Civics,  p,  63-70. 


PART  II 

THE  CONSTITUTION 
OF   WYOMING 


CJIAPTI^R    Mil. 
The  Formation  of  a  Constitution. 

A  State  Constitution  is  a  set  of  rules  made  by  tlie  people 
to  regulate  their  government.  It  is  the  supreme  law  for 
the  State.  It  is  the  highest  State  authority.  It  is  a  docu- 
ment which  also  gives  to  the  different  departments  of  the 
State  their  authority.  The  laws  of  a  State  consist  of  the 
Constitution  and  the  acts  of  the  Legislature.  The  courts 
do  not  make  laws,  but  determine  what  the  law  is.  If  we 
are  unable  to  understand  what  is  intended  by  the  wording 
of  the  law%  the  courts  interpret  for  what  purpose  the  law 
was  enacted.  If  the  laws  given  us  were  perfectly  plain 
and  absolutely  capable  of  but  one  interpretation,  there 
would  be  no  need  of  lawyers  or  courts.  It  is  impossible 
to  do  without  the  Judicial  Department  of  Government, 
for  no  two  people  think  exactly  alike  any  more  than  two 
people  who  look  at  the  same  landscape  see  precisely  the 
same  objects.  This  difference  of  opinion  as  to  the  mean- 
ing of  the  law  makes  the  legal  profession  a  possibility 
and  the  courts  a  necessity. 

We  not  only  make  our  laws,  but  place  judges  over  us 
who  shall  translate  where  we  cannot  read.  How  did  we 
acquire  the  power  and  authority?  This  first  step  to  civil 
liberty  dates  back  to  the  time  of  King  John,  in  1215,  when 
a  document  called  the  Magna  Charta,  the  Great  Charter, 
was  issued.  This  guaranteed  to  Englishmen  greater 
liberties  than  before  enjoyed.  The  kings  exercised  all  the 
legislative  power  and  gradually  liberty  approached  serf- 
dom through  abuses  and  usurpations  on  the  part  of  kingly 
authority.  This  Magna  Charta  is  one  of  our  most 
precious  historical  documents  and  is  the  foundation  of  our 
common  law.  It  guaranteed  to  the  freemen  no  imprison- 
ment unless  "by  the  lawful  judgment  of  his  peers  or  the 
law  of  the  land."  It  further  stated  that  "we  will  sell  to 
no  man,  we  will  not  deny  to  anv  man  either  justice  or 
Right." 


68  THK   OOVKH.XMKXT   OF   WYOMING. 

Charles  1  in  1629  assented  to  the  Petition  of  Right 
which  made  taxation  only  possible  by  an  Act  of  Parlia- 
ment, and  stated  that  no  man  ccnild  be  imprisoned  with- 
out due  ])rocess  of  law. 

The  Habeas  Corpus  Act  was  ])assed  in  1679,  during 
the  reign  of  Charles  II.  This  act  further  protected  those 
who  were  unlawfully  imprisoned.  It  demanded  that  the 
authorities  permit  the  accused  to  appear  in  open  court 
in  person  (hence  the  term  "thou  mayest  have  the  body"), 
and  know  why  he  was  arrested.  Then  came  the  Bill  of 
Rights,  under  William  and  Mary  in  1689.  This  bill  car- 
ried with  it  the  better  security  of  the  right  of  life,  lil)erty 
and  property.  It  provided  against  crviel  punishment,  ob- 
taining money  for  the  use  of  the  Crown  without  the  con- 
sent of  Parliament,  the  raising  of  a  standing  army  in 
time  of  peace  and  the  quartering  of  soldiers  contrary  to 
law,  excessive  bail  and  fines  and  impeachment  for  the 
freedom  of  speech. 

The  Colonial  people  of  ovir  country  brought  with  them 
from  England  the  ideas  embraced  in  these  four  documents 
and  the  Declaration  of  Independence  was  based  upon  the 
rights  so  given  to  them  through  their  forefathers. 

These  people  believed  that  they  were  entitled  to  the 
same  protection  and  privileges  as  were  granted  them 
before  coming  to  this  country.  They  believed  that  the 
mother  country  violated  her  laws  when  she  taxed  them 
without  representation,  when  she  arrested  and  tried  them 
without  due  process  of  law,  when  she  kept  up  a  standing 
army  in  time  of  peace  and  when  she  denied  them  the 
freedom  of  the  press.  Founded  on  the  belief  of  this  usur- 
pation of  rights  the  Declaration  of  Independence  was 
written  and  the  Revolution  was  fought. 

The  rights  which  the  Parliament  and  the  English  Gov- 
ernment had  given  to  her  people  were  retained  b}-  her 
colonists  after  they  had  severed  their  connection  with  the 
parent  country.     They  waged  war  to  establish  and  regain 


THK  CONSTITUTION  OF  WYOMFXG.  (59 

the  privileges  contained  in  the  sacred  charters  of  1215, 
1629,  1679  and  1689.  The  doctnnent  of  July  4.  1776,  de- 
claring our  independence  not  only  recites  the  grievances 
against  England,  but  declares  what  the  rights  were  as 
previously  granted.  "We  hold  these  truths  self-evident 
that  all  men  are  created  equal,  that  they  are  endowed  by 
their  Creator  with  certain  inalienable  rights,  that  among 
them  are  life,  liberty  and  the  pursuit  of  happiness;  that, 
to  secure  these  rights  governments  are  instituted  among 
men  deriving  their  just  powers  from  the  consent  of  those 
governed.  *  "  *  That  these  United  Colonies  are  and 
of  right  ought  to  be  free  and  independent  States.  *  *  * 
and  that  as  free  and  independent  States  they  have  the 
full  power  to  levy  war,  conclude  peace,  contract  alliances, 
establish  commerce  and  do  all  other  acts  and  things 
which  independent  States  may  of  right  do." 

In  order  to  obtain  these  inalienable  rights  and  to  exer- 
cise the  power  of  free  and  independent  States  The  Articles 
of  Confederation  were  drawn,  and  were  agreed  to  by  Con- 
gress November  ist,  1777.  The  document  was  begun  in 
1776,  but  could  not  be  put  into  effect  until  all  the  States 
signed  it,  and  Maryland  was  the  last  one  to  sign  in  1781. 
These  articles  formed  a  compact  between  the  thirteen 
States.  They  gave  the  Government  new  powers  and 
established  interstate  relations  which  did  not  before  exist. 
A  citizen  of  one  State  enjoyed  the  privileges  of  any  of 
the  other  States.  The  grave  error  in  this  document  was 
that  while  it  gave  Congress  the  power  to  assess  the  States 
for  money  it  gave  no  authority  to  collect  the  revenue. 
Power  was  given  to  Congress  to  make  new^  law's,  but  no 
provision  was  made  to  enforce  them.  There  was  no  Chief 
Magistrate  to  enforce  the  laws,  no  Judiciary  to  interpret 
them.  The  Government  w-as  no  more  than  an  advisory 
board,  without  any  power  of  putting  into  action  the  ad- 
vice given.  Congress  w^as  left  at  the  mercy  of  the  States. 
If   they   did   not   see    proper   to   pay   the   amount    taxed. 


70  TlIK   (;()VHHNMK\T   OF   WYOMING. 

thcv  did  not  pay.  There  was  no  power  to  force  them  to 
action,  and  for  this  reason  the  Confederation  failed.  What 
the}'  needed  was  one  central  Government  in  place  of  the 
thirteen  separate  ones.  The  States  had  been  jealous  of  a 
central  Government  and  limited  its  authority  to  such  a 
dei^ree  that  it  was  powerless. 

The  Constitution  of  the  United  States  was  a  result  of 
the  failure  of  the  Articles  of  Confederation.  It  was 
adopted  in  1787  at  Philadelphia  after  a  stormy  session  of 
four  months.  The  defects  of  the  Articles  of  Confedera- 
tion were  remedied  and  authority  was  given  to  Con- 
gress not  only  to  enact  laws,  but  full  power  to  provide  for 
their  enforcement.  The  Constitution  protected  the  cen- 
tral Government  and  at  the  same  time  shielded  the  State 
authorities.  It  established  the  three  departments  of  gov- 
ernment, the  Executive,  Judicial  and  Legislative.  This 
trinity  of  authority  is  the  stronghold  of  our  National  and 
State  Constitutions.  There  was  no  Bill  of  Rights  in  the 
original  Constitution.  Some  of  the  States  were  afraid 
that  this  central  Government  created  with  new  powers 
might  usurp  some  of  these  fundamental  rights  of  the 
people,  and  before  they  would  ratify  the  Constitution 
amendments  in  the  form  of  a  Bill  of  Rights  were  prom- 
ised. After  the  ratification  these  amendments,  I  to  X, 
were  made.  These  amendments,  I  to  X,  limited  and  re- 
stricted the  powers  of  Congress.  The  States  were  to  be 
under  the  authority  of  the  Federal  Government,  yet 
there  was  a  desire  to  have  limitation  placed  upon  its 
power  by  these  amendments.  No  chances  were  to  be 
taken  that  State  rights  given  by  the  Constitution  might 
at  a  future  day  be  wrested  from  them  by  Congressional 
action.  The  Constitution  as  adopted  with  its  amend- 
ments and  the  Treaties  are  the  supreme  law  of  the  land. 
If  Congress  passes  acts  that  are  inconsistent  with  the 
provisions  set  forth  in  the  Constitution  these  acts  are  not 
laws,    but    unconstitutional    enactments,    and    are    void. 


T[[K  CONSTITrTlON  OF  WVOMINC.  71 

(The  liuliciary  decides  if  an  act  is  constitutional  or  un- 
constitutional, and  by  the  decision  rendered  throusi^h  this 
court  the  enactment  is  made  a  law  or  declared  uncon- 
stitutional. No  act,  however,  is  passed  upon  unless  some 
actual  case  in  controversy  comes  before  the  court  for  final 
determination.) 

The  State  of  Wyoming  was  formed  through  the  au- 
thority granted  Congress  by  Article  IV,  Section  3,  Clause 
1.  of  the  United  States  Constitution.  "New  States  may 
be  admitted  into  the  Union  by  the  Congress."  No  part  of 
our  State  Constitution  is,  or  could  be,  in  conflict  with 
the  Federal  Constitution.  Wc  must  be  governed  first  of 
all  by  the  law  contained  in  our  National  Constitution, 
and  must  formulate  our  State  laws  in  harmony  with  its 
provisions.  All  acts  of  our  Legislature  are  regulated  by 
our  State  Constitution.  If  these  acts  conform  to  con- 
ditions of  the  State  Constitution,  they  become  laws,  but 
if  contrary  to  these  conditions,  the  enactments  are  with- 
out force  and  are  declared  unconstitutional. 

There  are  written  and  unwritten  Constitutions.  Eng- 
land's Constitution  is  called  unwritten  because  it  is  not 
embodied  in  any  one  separate  document,  and  is  largely 
a  matter  of  long-established  customs  and  precedents. 
Yet  her  Constitution  may  l)e  found  in  a  large  degree  in 
the  written  documents  upon  which  we  based  our  Con- 
stitution. The  leading  idea  in  America  is  that  the  power 
to  change  the  Constitution  must  rest  with  the  people. 
We  cannot  all  meet  in  one  gathering  and  enact  laws, 
hence  the  Constitution  was  written  delegating  powers 
that  could  be  used  by  those  who  represent  us,  but  beyond 
the  provisions  of  the  Constitution  they  cannot  go.  If 
time  changes  conditions  and  the  provisions  of  the  Con- 
stitution no  longer  best  meet  the  needs  of  the  people 
amendments  are  made.  Our  State  amendments  can 
only  be  made  through  the  people  in  the  same  manner  in 
which  the  Constitution  was  adopted. 


72  THl-:   (JOVKRXMHXT   OF   WYOMI  i\(J. 

Our  Slate  Constitution  consists  of  three  distinct  parts: 
(i)  The  Declaration  of  Rii^hts,  (2)  The  I'Vame  of  Gov- 
ernment, (3)  The  Schedule.  There  is  also  the  Preface, 
or  Introduction,  called  the  Preamble,  and  the  Postscript, 
or  Appendix,  called  the  (Ordinances.  A  Preamble  is  used 
as  an  introductory  clause,  reciting  the  reasons  for  passing 
the  document. 


Preamble   of   the   NATIONAL 

Constitution. 

We,  the  people  of  the  Unit- 
ed States,  in  order  to  form 
a  more  perfect  nnion,  estab- 
lish justice,  insure  domestic 
tranquility,  provide  for  the 
common  defence,  promote 
the  general  welfare  and  se- 
cure the  blessings  of  liberty 
to  ourselves  and  our  posteri- 
ty, do  ordain  and  establish 
this  Constitution  for  The 
United   States  of   America. 


Preamble    of    the    WYOMING 
Constitution. 

We,  tile  people  of  tlie  State 
of  Wyomiug,  grateful  to  God 
for  our  civil,  political  and 
religious  liberties,  and  desir- 
ing to  secure  them  to  our- 
selves and  perpetuate  them 
to  our  posterity,  do  ordain 
and  establish  this  Constitu- 
tion. 


The  National  Constitution  established  rights  and  liber- 
ties as  set  forth  in  the  Preamble ;  these  privileges  the 
State  Constitution  acknowledges  as  being  in  force,  and 
expresses  a  wish  to  have  them  continued  and  handed 
down  from  generation  to  generation.  The  National  Con- 
stitution was  made  possible  only  through  v\^ar.  The 
powder  used  in  the  process  of  obtaining  our  State  Con- 
stitution was  that  burned  at  the  celebration  after  the 
people  at  the  polls  had  ratified  the  action  of  the  Con- 
stitutional Convention. 

(T)  The  Declaration  of  Rights  in  our  State  Con- 
stitution contains  a  recital  of  the  fundamental  rights  of 
citizens  and  the  principles  which  protect  their  life,  libert}^ 
and  property,  as  given  to  the  people  by  the  Magna 
Charta  and  kindred  charters.     This  statement  of  rights 


THK  CONSTITUTION  OF  WYOMING.  73 

acts  as  a  guide  for  the  different  Departments  of  State 
in  the  execution  of  their  duties.  The  decisions  of  the 
Judiciary  are  often  based  upon  the  principles  contained 
therein  and  they  are  a  valuable  guide  for  the  limitation 
of  or  exercise  of  Constitutional  power. 

(2)  The  Frame  of  Government  divides  the  power  of 
the  State  into  departments  and  delegates  to  ofificers  repre- 
senting the  divisions  of  Government  their  duties,  their 
power  and  authority.  This  part  of  the  Constitution 
designates  how  these  ofificcrs  shall  be  elected.  It  con- 
tains regulations  for  suffrage,  for  education,  for  public 
health  and  morals,  for  institutions  for  the  unfortunate,  for 
the  industries  to  be  carried  on  in  the  State,  for  the  oper- 
ation of  corporations;  it  defines  the  boundaries  of  our 
State,  and  provides  for  county  organizations ;  it  estab- 
lishes a  method  of  uniform  taxation  and  revenues ;  also 
accepts  the  grants  of  land  donated  by  the  Government. 
The  miscellaneous  provisions  include  education,  arbitra- 
tion and  labor,  amendments,  constitutional  conventions 
and  new  constitutions. 

(3)  The  Schedule  directs  the  action  to  be  taken  in 
order  to  pass  from  Territorial  to  State  Government. 
It  makes  the  territorial  laws  become  the  laws  of  the  State. 
It  transfers  the  property  owned  by  the  Territory  to  the 
State,  and  gives  information  as  to  the  method  by  which 
the  Constitution  shall  be  submitted  for  acceptance  or  re- 
jection, and  finally  makes  provision  for  the  election  of  the 
first  State  officers  and  Legislature.  The  Schedule  also 
contains  directions  by  which  the  new  government  may 
be  put  into  operation. 

The  Ordinances  declare  Wyoming  to  be  one  of  the 
States  of  the  Union  and  the  Federal  Constitution  the 
supreme  law  of  the  land,  recognize  religious  liberty,  dis- 
claim any  title  to  the  public  lands  within  our  boundaries, 
assume  the  debts  contracted  by  the  Territory,  and  em- 
power the  Legislature  to  regulate  the  common-school 
education. 


74  Till-:   (!(>VP:RNMENT   of   WYOMING.     • 

The  Declaration  of  Rights  is  a  restraint  on  any  legis- 
lative action  that  might  result  in  destroying  any  of  the 
l)olitical  freedom  of  the  people.  It  is  the  safeguard 
against  arbitrary  power  which  might  at  some  time  be 
used  by  a  majority  in  the  Legislature  to  deprive  the  citi- 
zens of  their  fundamental  rights — rights  that  have  been 
gradually  accpiired  during  the  past  centuries.  As  we 
examine  the  dilTerent  Departments  of  State  in  this  book 
these  rights  and  powers  will  be  included  in  their  proper 
divisions  of  administration. 

That  there  may  be  no  conflict  of  control  or  authority, 
the  powers  of  the  State  Government  are  divided  into 
three  distinct  and  separate  divisions :  the  Legislative,  the 
Executive  and  Judicial  departments.  The  members  of 
the  Legislature,  the  Governor  and  the  chief  officers  of 
the  courts,  representing,  these  three  departments,  are  all 
elected  by  a  direct  vote  of  the  people. 

QUESTIONS. 

1.  What  is  a   Constitutional   ('onvcntiou? 

2.  What  is  a   Constitution? 

o.     What    are   laws'?     How   are    they   made? 

4.  Explain  the  relations  to  one  another  of  the  Magna  Charta, 
the  Petition  of  Right,  the  Habeas  Corpus  Act,  the  Bill  of  Eights, 
the  Declaration  of  Independence,  the  Articles  of  Confederation, 
the   Constitution.     Which  is   the   most   important?     Why? 

o.  Why  was  there  no  Bill  of  Rights  in  the  original  Con- 
stitution? 

6.  What  is  the  Supreme  Law  of  the  United  States? 

7.  Can  there  be  unwritten  Constitutions? 

8.  What  is  an  unconstitutional  act?     What  is  its  power? 
Can  you  decide  whether  an  act  is  unconstitutional?     Why? 

9.  State  the  relation  of  the  Judicial  Department  to  the  Legis- 
lative in  law  making. 

10.  How   are    Constitutions    amended? 

11.  What  are  the  different  divisions  of  our  State  Constitution? 
Explain   the  purposes   of  these   divisions. 

12.  In    Avliat    particulars    do    the    State    and    the    Federal    Con- 
stitutions differ  in   the' preamble? 


TH1<:  (ONSTlTrTrOX  OF  WYOMING.  75 

REFERENCES. 

Jameson,  Constitutional  Convciitious,  Cli.  I. 

Fiske,   Civil   Government  in   the  Unitetl  States,   Ch.  VIT. 

Story,  The  Constitution,  II,  Ch.  XXXVIII. 

.lames    and    Sanford,    Government    in    the    State    and    Nation, 
Ch.  XII. 

McClain,  Constitutional  Law  iu  U.  S.,  Ch.  I,  and  II. 

Moses,  Government  in  the  U.  S.,  Ch.  III. 

Forman,  Advanced  Civics,  Ch.  XII, 

Cooley,    Principles    of    Constitutional    Law,     Ch.    I,    and     Con- 
stitutional Limitations,  Ch.  XVI. 

Hart,  Actual   Government,  Sec.  28. 

Ashley,    The    American    Federal    Government,    pp.    10,    317-319, 
Ch.  XVIII. 

Hill,  Liberty  Documents,   Ch.  II,  VI,  A^II,  IX,  XIV,   XV,   XVII 
(particularly   helpful   for   copies   of  original   documents). 
Examine    carefully    the    Constitution    of    Wyoming    and    the    Pro- 
ceedings of  the   Constitutional   Convention. 


CHAPTER   IX. 

The  Legislative  Department. 

Our  Constitution,  in  common  with  most  of  the  State 
Constitntions,  legislates  and  contains  administrative 
regulations,  in  order  to  restrict  the  powers  of  the  de- 
partments and  put  limitation  upon  their  authority. 

The  Legislature  has  power  to  enact  the  ordinary  stat- 
ute law,  deriving  always  its  power  from  the  people 
through  the  Constitution. 

Except  as  the  Constitution  directs,  no  department  can 
exercise  the  powers  of  the  other  departments.  (Art.  II, 
Sec.  I.*)  The  regular  sessions  of  the  Legislature  are 
limited  to  forty  days.  (Art.  Ill,  Sec.  6,  CI.  2.)  Bills 
can  only  be  passed  in  the  manner  as  the  people  through 
the  Constitution  have  directed.      (Art.  Ill,  Sec.  20-28.) 

The  Legislative  Department  is  composed  of  a  Senate 
and  a  House  of  Representatives,  and  is  called  "The  Legis- 
lature of  the  State  of  Wyoming."  The  Senators  are 
elected  for  a  term  of  four  (4)  years  and  the  Repre- 
sentatives are  elected  for  two  (2)  years.  At  present, 
1907,  our  Legislature  is  composed  of  twenty-seven  (27) 
Senators  and  fifty-six  (56)  Representatives.  (S.  L.  1907, 
Ch.  69.)** 

The  number  of  Senators  and  Representatives  that  the 
State  may  have  in  the  Legislature  is  regulated  by  the 
number  of  inhabitants  contained  in  the  respective  dis- 
tricts. For  convenience  each  county  is  called  a  sena- 
torial   and    representative    district.     There    are    thirteen 


♦This  refers  to  our  State  constitution,  the  text  appearing  as  Ap- 
pendix A  in  this  boolt,  and  means  Article  II,  Section  1  of  same.  It 
will  greatly  assist  the  student  if  the  constitutional  references  are  al- 
ways read. 

**Wyoming  Session  Laws  for  1907.  R.  S.  refers  to  our  State  Re- 
vised Statutes  for  1899. 


Tin:  CONSTITUTION  OF  WYOMING.  77 

of  these  districts,  sending  to  the   Legislature  as  many 
members  as  are  designated  in  the  following  list: 


Albany  County 

Big  Horn  County 

Carbon  County 

Converse   County 

Crook  County 

Fremont   County 

Johnson   Count}' 

Laramie  County 

Natrona  County 

Sheridan  County 

Sweetwater  County 

Uinta  County. 

Weston  County 

27  56 

The  restrictions  placed  upon  the  apportionment  of 
members  of  the  Legislature  are:  (i)  Each  county  shall 
have  at  least  one  Senator  and  one  Representative,  regard- 
less of  the  number  of  inhabitants ;  (2)  At  no  time  shall 
the  House  of  Representatives  contain  a  number  of  mem- 
bers which  shall  be  less  than  twice  as  many  as  are  in  the 
Senate,  nor  a  greater  number  than  three  times  those  of 
the  Senate.  (Art.  HL  Sec.  3,  CI.  3.)  As  there  are  now 
twenty-seven  Senators,  there  must  be  at  least  fifty-four 
Representatives,  and  there  might  have  been  as  many  as 
eighty-one  had  the  Legislature  (1907)  so  desired.  This 
limitation  is  necessary  in  order  to  preserve  a  balance  of 
power  between  the  two  houses  and  not  give  undue  author- 
ity to  cither  one.  The  Senate  is  often  designated  as  the 
"Upper  House"  and  the  House  of  Representatives  as  the 
"Lower  House." 


Repre- 

Senators. 

sentatives 

3 

5 

2 

5 

3 

6 

I 

2 

1 

3 

I 

3 

I 

2 

4 

10 

I 

I 

3 

5 

2 

4 

4 

7 

I 

3 

78  Till']   (lOVERNMHNT   OF    WYOMING. 

A  person  eligible  to  the  Legislature  must  be  a  citizen 
of  the  United  States  and  a  resident  of  Wyoming;  he  must 
have  lived  in  the  county  from  which  he  is  elected  at  least 
one  year  previous  to  his  election.  Senators  must  be  at 
least  twenty-five  years  of  age  and  Re])resentatives  twenty- 
one  years.  The  desire  to  have  the  Legislature  composed 
of  two  classes  of  members  has  made  this  requirement  in 
the  difference  of  age.  Experience  and  mature  judgment 
are  supposed  to  come  with  age,  and  a  much  older  class  of 
men  is  always  found  in  our  Senates.  The  members  are 
looked  upon  as  more  conservative  in  the  formation  of 
laws,  and  act  as  a  check  on  the  more  radical  measures 
adopted  by  the  House  of  Representatives.  All  of  the 
members  of  the  House  of  Representatives  are  elected 
every  two -years,  but  only  one-half  of  the  Senate  is  so 
elected,  the  other  half  serving  a  second  term,  and  in  this 
way  the  Legislature  is  never  composed  entirely  of  new 
members.  When  a  vacancy  occurs  in  the  Legislature  by 
death  or  removal  from  the  State  or  an}-  other  cause, 
the  Governor  does  not  have  the  power  to  appoint  some 
one  else  to  take  the  place,  as  he  does  in  case  of  vacancies 
occurring  in  many  of  the  State  ofBces.  The  matter  is 
submitted  to  the  people  by  special  election,  who  re-elect 
a  member  from  the  district  having  the  vacancy. 

The  Constitution  prohibits  the  Legislature  as  to  its 
acts  in  as  great  a  degree  as  it  directs  them  what  to  do. 
The  lav/s  of  "Thou  shalt  not"  of  the  Constitution  equal 
the  commands  to  do.  This  is  a  wise  regulation,  because 
it  is  easier  to  foresee  where  injuries  and  injustice  may  be 
done  than  it  is  to  anticipate  all  the  needs  for  the  good  of  a 
commonwealth. 

Restriction  upon  Legislation. — Section  27,  Article  HL 
forbids  the  Legislature  to  enact  local  or  special  laws  in 
seventy-eight  different  cases.  These  cases  are  all  enu- 
merated and  cannot  be  subject  to  special  or  local  laws  to 


TKK  CONSTITUTION  OF  WYOMING.  7'i 

govern  them.  Laws  must  be  general  in  their  nature  in 
(irdcr  to  be  valid  and  have  force,  and  in  order  to  avoid 
class  legislation. 

Legislators  Prohibited. — No  foreigner  or  non-resident 
of  the  State  or  person  inuler  twenty-one  years  of  age 
can  l)e  a  member  of  the  Legislature.  (Art.  Ill,  Sec.  2.) 
Compensation  for  services  must  not  exceed  a  certain 
amount,  fixed  by  a  preceding  Legislature ;  at  present  it  is 
fixed  at  eight  dollars  a  day  and  ten  cents  mileage.  (S.  L. 
1907,  (Hi.  loi.)  Regular  sessions  cannot  extend  beyond 
forty  days.  (Art.  IIL  Sees.  6  and  9:  R.  S.  1899, 
Sec.  34.)  No  moneys  can  be  paid  out  of  the  State 
treasur}^  to  employees  of  the  Legislature  not  ap- 
pointed according  to  law.  (Sec.  29.)  No  member 
can  vote  on  a  bill  in  which  he  has  a  private  inter- 
est (Sec.  46)  ;  nor  can  he  have  an  interest  in  a  con- 
tract furnishing  supplies  for  the  use  of  the  Legislative 
Assembly  (Sec.  31)  ;  and  he  cannot  occupy  any  civil  office 
(except  a  notary  public  or  officer  of  the  State  militia)  or 
be  a  member  of  Congress  while  acting  in  his  legislative 
capacity.  (vSec.  8.)  A  member  expelled  for  corruption 
cannot  again  serve  as  a  lawmaker.  (Sec.  12.)  Neither 
House  can  adjourn  sine  die  or  finally  adjourn  without  the 
consent  of  the  other.      (Sec.  15.) 

No  bill  granting  extra  compensation  after  services  ha\e 
been  rendered  can  be  passed  (Sec.  30)  ;  and  no  bill  can  be 
so  changed  when  passing  from  one  House  to  the.  other  so 
as  to  alter  its  original  purpose  (Sec.  20)  ;  except  for  the 
expenses  of  the  government  of  the  State,  no  bill  can  be 
introduced  carrying  with  it  an  expenditure  of  mcneA' 
within  five  da3's  of  the  close  of  the  session,  unless  bv 
unanimous  consent.  (Sec.  22.)  Bills  embracing  more 
than  one  subject,  except  relating  to  the  classification  and 
revision  of  laws  and  the  general  appropriation  bills,  can- 
not be  passed.  Each  bill  must  be  clearh^  expressed  by  its 
title.      (Sec.  24.)        If  a   law   is  amended  in  anv  wav.   it 


80  TilK   CJOVlOliNMKNT   ()]''   WYOMING. 

cannot  be  changed  by  reference  to  Uie  title  only,  but  the 
amended  portion  must  be  re-enacted  and  i)rinted  in  full 
(Sec.  26)  ;  and  no  bill  can  become  a  law  except  it  is  first 
referred  to  a  connnittee  and  put  in  printed  form  for  legis- 
lative consideration,  and  then  passed  by  a  majority  vote 
of  each  House,  and  the  action  taken  by  each  member  in 
voting  must  be  made  of  record.  (Sees.  23  and  25.)  No 
power  can  be  given  to  private  individuals  to  regulate 
municipal  affairs.  (Sec.  t,/.)  Contracts  cannot  be  im- 
paired nor  ex  post  facto  laws  be  made.  (Dec.  of  R.,  Sec. 
35.)  The  Legislature  cannot  remove  the  seat  of  govern- 
ment of  a  county,  nor  divide  a  county  in  making  Repre- 
sentative districts,  or  form  a  new  county  without  com- 
plying with  the  State  requirements.  (Art.  XTI,  Sees.  2 
and  3 ;  Art.  Ill,  Apport.,  Sec.  3.) 

These  restrictions  placed  upon  the  Legislature  relate 
largely  to  financial  questions  and  the  guarding  against 
local  or  private  interests  in  introduction  of  bills  which 
may  become  a  law. 

Legislators  Empowered. — The  Legislature  meets  the 
second  Tuesda}'^  in  January  every  odd  numbered  year. 
(Art.  Ill,  Sec.  7.)  Each  House  acts  as  a  judge  of  the 
c[ualifications  of  its  members  to  take  their  places  as  legis- 
lators, and  determines  the  rules  governing  its  proceed- 
ings. The  Senate  elects  a  President  as  a  presiding  offi- 
cer, and  the  House  of  Representatives  elects  a  Speaker, 
each  of  whom  must  be  a  member  of  the  house  he  repre- 
sents. (Sees.  10  and  12.)  A  majority  of  the  members  of 
each  house  constitutes  a  quorum  and  elects  all  the  legis- 
lative officers.  (Sees.  10  and  12.)  Legislators  are  ex- 
empt from  arrest  while  attending  sessions,  except  for 
breach  of  peace,  treason  and  violation  of  their  oath  of 
office.  (Sec.  16.)  All  the  proceedings  of  each  house 
must  be  made  of  written  record,  open  to  the  public,  except 
as  necessity  may  demand  secrecy.  The  sessions  are  open 
to  the  public  unless  there  may  be  some  special  reason 


THK  CO.NSTlTrTloX  OP  WVO.MiXC.  J<  | 

which  requires  a  private  meetiiii;".  (Sees.  13  and  14.)  All 
bills  and  joint  resolutions  are  si.e^ned  in  open  session  by 
the  President  oi  the  Senate  and  Speaker  of  the  House  of 
Representatives,  and  the  fact  that  they  were  so  signed  is 
entered  upon  the  journal  of  each  house.  (Sec.  28.)  The 
Legislature  provides  for  the  regulations  of  corporations 
(Art.  X.  Sees.  1  and  10;  Art.  XIII.  Sec.  3)  and  for  courts 
of  arbitration  to  settle  controversies  between  laborers  and 
their  eniploA-ers.  Aliens  cannot  be  employed  in  connec- 
tion with  any  State,  count}-  or  municipal  works.  (Art. 
XIX.  Labor.'Sec.  i.) 

If  two  candidates  for  ( Governor  of  the  State  receive  at  a 
general  election  an  ecjual  number  of  votes,  the  Legislature 
at  a  joint  session  elects  by  ballot  one  of  these  candidates 
to  fill  the  position.  (Art.  IV,  Sec.  3.)  The  Legislature 
has  the  right  to  organize  new  counties  and  provide  for 
township  organization  (Art.  XII,  Sees.  2,  3  and  4).  and 
direct  the  manner  of  taking  the  State  census  every  tenth 
year  after  1895  ;  the  number  of  inhabitants  so  recorded  is 
used  as  the  basis  for  the  apportionment  of  State  Senators 
and  Representatives.  (Art.  Ill,  Apport.,  Sees.  2  and  3.) 
The  Constitution  is  amended,  revised  or  a  new  one 
adopted  by  direction  of  the  Legislature,  but  no  Constitu- 
tion, amendment  or  revision  is  valid  unless  voted  upon 
by  the  people  of  the  State.      (Art.  XX.) 

An  amendment  to  the  Constitution  is  proposed  by 
either  branch  of  the  Legislature,  and  if  passed  by  tw^o- 
thirds  of  both  houses  the  amendment  is  submitted  to  the 
electors  of  the  State  at  the  next  general  election,  and  if  a 
majority  of  the  electors  ratify  the  proposed  amendment 
it  becomes  a  part  of  the  Constitution.  Constitutional 
conventions  are  called  in  the  same  w^ay.  Only  twice  in 
our  history  has  a  Constitutional  amendment  been  sub- 
mitted to  the  people.  (Art.  XX.  Sec.  i.)  They  failed 
to  pass  for  lack  of  the  requisite  number  of  votes. 


S2  'i '!!!•:   (;()VKII.\M!-:.\T   Ol'^    \VV()MlN(i. 

.\t  tlic  rct^'ular  election  in  the  fall  of  1890,  Article  XVI 
of  the  Constitution  relating  to  the  selling  of  county  bonds 
to  refund  indebtedness  was  voted  upon  for  amendment. 
Tlie  total  number  of  votes  cast  at  the  election  was  25,429, 
and  of  this  number  only  7,605  people  voted  on  the  amend- 
ment. There  were  5.435  votes  for  the  amendment  and 
2,170  against  it.  In  order  to  have  adopted  the  amend- 
ment it  would  have  been  necessary  to  have  at  least  a  ma- 
jority of  the  25,429  votes,  or  12,730  votes,  in  favor  of  the 
amendment.  The  Seventh  State  Legislature  of  1903  by 
a  joint  resolution  proposed  the  amendment  of  the  Con- 
stitution so  far  as  relates  to  Article  V,  Section  17,  in  refer- 
ence to  salaries  of  Judges  of  the  Supreme  and  District 
Courts.  This  question  was  voted  upon  by  the  people 
at  the  regular  election  in  November,  1904,  and  was  de- 
feated by  a  large  majority.  y\t  present  each  Judge  of 
both  courts  receives  a  salary  of  three  thousand  dollars 
annualh'. 

Election  and  contest  cases  not  provided  for  in  the 
Constitution  are  arranged  for  by  the  Legislature  (Art. 
VI,  Elections,  Sees.  i.  2  and  6),  as  are  the  deputy  officers 
(Art.  XIV,  Sec.  4),  as  are  also  laws  for  the  protection  of 
live  stock  from  infectious  diseases,  the  provision  for 
public  health  and  morals,  the  equipment  of  a  State  militia, 
and  the  establishment  and  maintenance  of  public  schools 
and  free  education.  (Art.  XIX,  Sec.  i  ;  Art.  VII,  Sec. 
20;  Art.  XVII,  Sec.  2;  Art.  VII,  Sec.  i,  and  Ord.,  Sec.  5.) 

The  Legislature  in  joint  session  elects  the  tvv^o  United 
States  Senators.  The  person  receiving  the  majority  of  all 
of  the  votes  cast  is  declared  the  Senator.  His  term  is  for 
six  years  and  his  salary  is  paid  by  the  United  States. 
(Salary,  $7500  a  year.)  The  President  of  the  State  Sen- 
ate and  Speaker  of  the  House  and  the  Governor  and 
Secretary  of  State  all  sign  his  certificate  of  election. 
(Seed.,  Sec.  13.) 


Till-;  coxsTiTrTiox  OF  ^v^'()MI^■(;.  s:-, 

QUESTIONS. 

1.  What  arc  the   two  branches  of  the   Legislature? 

2.  How    many    senators    and    representatives    have    yoa    from 
your  county'?     Name   them. 

;^.     Why   has    Wyoming   only    thirteen    senatorial    and    represen- 
tative districts? 

4.  What    is    the     limitation     of    representation     in     our    State 
legislature  ? 

5.  Can  an  alien  be  a  member  of  our  legislature'? 

6.  What    restriction>s    are    put    upon    legislative    enactments? 
What  is  an  euactmentf     How  does  it.  differ  from  a  law"? 

7.  Enumerate  the  powers  of  the  legislature. 

S.     What  action   can   the   legislature   take   about   proposed   con- 
stitutional amendments? 

10.  Who  elects  a  United  States  Senator?     Who  are  the  United 
States  Senators  from  this  State? 

11.  Name    some     important     laws    enacted    by     the    last     legis- 
lature. 

12.  Compare    the    class    of    men    elected    to    a    Constitutional 
Convention  and  those  elected  to  a  legislature. 

13.  What  are  the  arguments  in   favor  of  selecting  U.  S.   Sena- 
tors by  popular  vote? 

14.  Why   is   this   question   receiving  particular  attention   at    the 
present   time? 

REFERENCES. 

Bryce,  The  American  Commonwealth,  I  Ch.  XL. 

Ashley,  The  American  Federal  State,  Sees.  417-429. 

Hart,   Actual   Government,   Ch.   VII. 

Roosevelt,  "Phases  of  State  Legislature"   (American  Ideals). 

Cooky,  Constitutional  La.w,  Ch.  XVIII. 

James  and  Sanford,  Ch.  II. 

Hinsdale,   American   Government,  Ch.   LI. 

Wilson,   The   State,   Sees.    1126-1208. 

Cooley,  Constitutional  Limitations,  Ch.  V  and  VI. 

Smith,  Training  for  Citizenship,  Ch.  IX  and  XXX. 

McClaiu,  Constitutional  Law  in  U.  S.,  Ch.  V  and  VIII. 

Moses,  Government  in  the  U.  S.,  Ch.  IV  and  XI. 

Forman,   Advanced  Civic<j    Ch.  XVI,   XVII  and  XXII. 


CIIAPTPLR  X. 

The  Executive  Department. 

\Vhen  State  Constitutions  were  first  adopted,  there  was 
a  tendency  to  give  the  Legislatures  a  great  amount  of 
power  and  to  restrict  tlie  authority  of  the  Governors. 
This  was  the  outgrowth  of  the  general  distrust  from 
Colonial  times  that  had  risen  against  executives  put  in 
power  over  the  people.  The  Legislature  as  directly  repre- 
senting the  people  was  given  almost  unlimited  power, 
and  the  Governor  could  not  veto  any  measure.  It  soon 
became  apparent,  however,  that  the  restrictions  must  be 
placed  upon  the  lawmakers  and  more  authority  be  given 
to  the  chief  executives  of  the  States.-  The  veto  power  was 
given  as  a  check  to  legislative  action,  and  the  legislative 
authority  became  more  and  more  curtailed.  Formerly 
the  State  officials,  including  the  Governor,  were  ap- 
pointed by  the  Legislatures,  while  at  present  these  can 
only  confirm  the  selection  made  by  the  Governors,  and 
the  Governors  are  now  elected  by  the  people. 

The  Governor's  Powers. — The  chief  executive  powers 
are  vested  in  a  Governor,  who  is  elected  by  the  people  at 
a  general  election.  (Art.  IV,  Sees,  i  and  3.)  His  term 
of  ofifice  is  for  four  years,  and  he  receives  a  salary  of  two 
thousand  five  hundred  dollars  a  3^ear.  (Sees,  i  and  13.) 
To  be  eligible  to  the  office  of  Governor  one  must  be  a 
citizen  of  the  L^^nited  States,  a  voter  of  the  State  and  must 
have  resided  within  the  State  at  least  five  years  preceding 
the  time  of  the  election  to  be  sought.  He  must  be  at  least 
thirty  years  of  age.  (Sec.  2.)  If  for  any  reason  the  Gov- 
ernor's office  becomes  vacant,  the  Secretary  of  State  be- 
comes the  acting  Governor.  This  vacancy  may  occur  in 
several  ways.  It  may  be  a  temporar}'  or  a  permanent 
one.*     It  ma}''  be  by  death,   resignation  or  removal  for 

*In   tills   case  the   Secretary  of  State   receives  not   only   his   salary, 
but   the  salary  of  a  Governor. 


■     THE  CONSTITUTION  OF  W  VI  >M  I. \T;.  S.l 

cause,  and  it  may  be  sickness  or  absence  from  the  State. 
(Sec.  6.)  If  the  Secretary  of  State  could  not  act  as  Gov- 
ernor for  any  of  the  reasons  enumerated  in  reference  to 
the  Governor,  the  President  of  the  last  Senate  takes  the 
office  ;  if  he  is  not  able  to  serve,  the  next  in  order  of  suc- 
cession as  .\cting  Governor  is  the  Speaker  of  the  House 
of  Representatives ;  if  he  cannot  act.  then  the  State  Audit- 
or, and  if  he  is  unqualified  for  the  position,  the  State 
Treasurer  takes  the  place  until  the  disability  of  the  Gover- 
nor is  removed  or  a  Governor  shall  be  elected.  (R.  S. 
1899,  Sec.  50.)  If  an  election  has  to  be  held,  the  vacancy 
is  filled  for  the  unexpired  term  of  the  Governor  and  not 
for  the  full  term  of  four  years.  Should  a  Governor  die  or 
resign  after  being  in  office  but  a  few  months,  the  Secre- 
tary of  State  would  act  as  the  Governor  until  the  next 
legislative  election,  which  would  be  in  less  than  two  years, 
and  a  Governor  would  then  be  elected  by  the  people 
to  serve  only  two  years  and  thus  complete  the  four  years' 
term  of  office.  As  necessity  may  demand,  the  Governor 
has  the  power  to  call  extra  sessions  of  the  Legislature.  A 
legislative  assembly  might  adjourn  believing  it  had  com- 
pleted all  its  duties,  when  it  w'ould  discover  that  some 
important  measure  necessary  for  the  successful  manage- 
ment of  the  State  affairs  had  been  overlooked,  then  the 
Governor  has  the  power  to  call  the  members  together  and 
additional  laws  can  be  enacted.  There  might  be  an  ex- 
traordinary occasion  requiring  additional  legislation, 
when  the  Governor  can  convene  the  Legislature.  Calam- 
ities sometimes  happen  to  a  State,  such  as  fires,  floods,  or 
epidemics,  and  immediate  aid  is  needed,  so  as  to  relieve 
the  distressed,  and  then  an  extra  session  of  the  Legis- 
lature is  called  by  the  Governor,  and  appropriations  are 
made  to  meet  these  needs.  The  Governor  is  Command- 
er-in-Chief of  all  the  forces  of  the  State,  and  can  call  out 
ihe  militia  to  suppress  riots,  preserve  the  peace  or  exe- 
cute the  laws  of  the  State.     (Art.  IV,  Sec.  4;  Art.  XVII, 


s(i  rii!-:  (iOVKRNMi;.\"r  of  wvomi.xu. 

Sec.  5. )  W'liile  the  Governor  cannot  dictate  to  the  Legis- 
lature what  laws  it  shall  enact,  he  is  directed  to  recom- 
niciid  to  that  bod}'  in  a  message  which  is  read  in  i>er- 
^:()n,  measures  that  he  believes  to  be  of  vital  importance 
fc-r  the  welfare  of  the  State,  and  the  Legislature  is  to  a 
large  degree  goxerned  by  these  recommendations.  All 
measures  acted  upon  by  the  Legislature  are  left  to  the 
Go\'ernor  for  him  to  see  that  they  are  faithfully  exe- 
cuted. (Art.  1\\  Sec.  4.)  Every  bill,  order  or  resolu- 
tion, excepting  those  affecting  the  business  proceedings 
of  the  Legislature  passed  by  both  houses,  must  receive 
the  Governor's  signature  before  it  can  take  effect.  If  the 
Governor  does  not  approve  of  the  bill,  he  states  his  ob- 
jections in  writing  and  returns  the  bill  without  his  signa- 
ture. This  is  called  the  veto  power.  The  bill  is  then 
returned  to  the  house  in  which  it  originated.  If  two- 
thirds  of  the  members  agree  to  pass  the  bill  "over  the 
veto,"  it  is  sent  to  the  other  house,  and  if .  two-thirds 
of  the  members  of  that  house  concur,  the  bill  beccjmes 
a  law   without  the  Governor's  approval. 

A  bill  may  also  become  a  law  without  the  Governor's 
signature  if  he  does  not  return  it  to  the  Legislature 
within  three  days  after  it  is  given  to  him  for  his  con- 
sideration, Sundays  excepted.  If  the  Legislature  should 
adjourn  vvithin  three  days  after  a  bill  is  sent  to  the  Gov- 
ernor, and  thus  not  give  him  the  lawful  time  to  consider 
it.  the  bill  would  become  a  law,  unless  within  fifteen  days 
after  the  adjournment  he  should  file  his  objections  with 
the  Secretary  of  State.  This  act  would  kill  the  bill. 
(Art.  III.  Sec.  41  ;  Art.  IV,  Sec.  8.)  The  executive  veto 
can  be  used  in  an  appropriation  bill  when  he  can  reject 
such  items  of  the  bills  as  he  may  not  approve.  This 
does  not  affect  the  entire  bill,  but  only  the  part  disap- 
proved. (Art.  IV,  Sec.  9.)  The  Governor  has  the  right 
to  make  appointments  and  fill  vacancies  in  all  offices 
where  there  is  no  law  providing  for  the  selection.     Great 


Till-:  COXSTITrTlOX  OF  \VV():NriNt:.  87 

intluence  and  autliority  are  vested  in  the  Governor,  and  in 
his  power  to  appoint  many  of  the  State  officers  who  are 
not  elected  by  the  people.  This  appointive  power  is  a 
wise  provision  in  the  administration  of  affairs  of  the  State. 
The  Governor  is  commanded  to  see  that  the  laws  are 
faithfully  executed.  If  all  the  offices  of  tru.^t  in  the  State 
were  occupied  by  those  who  were  not  in  sympathy  with 
the  Governor's  ideas  as  to  what  constituted  the  best  gov- 
ernment for  the  State,  and  if  he  were  powerless  to  make 
the  removals,  there  would  be  danger  of  constant  friction 
of  authority  and  a  working  at  "cross-purposes."  If  the 
Executive  is  to  be  made  responsible  for  good  govern- 
ment, he  must  have  the  power  to  put  into  authority  those 
who  would  enable  him  to  "faithfully  execute"  the  law. 
The  most  prominent  State  offices  are  filled  by  persons 
elected  by  the  people,  and  the  duties  of  the  officers  are 
defined  by  the  Constitution  and  the  legislative  enact- 
ments. There  are.  howe\er,  many  officers  who  obtain 
their  positions  through  appointive  power.  These  posi- 
tions are  filled  during  the  session  of  the  Legislature.  All 
of  the  appointments  made  b}'  the  Governor  must  be  con- 
firmed l)y  the  Senate,  with  the  exception  of  the  vacancies 
occurring  when  the  Legislature  is  not  in  session.  The 
Senate  votes  upon  the  Governor's  choice.  If  not  en- 
dorsed by  a  majority  vote  the  appointment  is  void,  and  a 
new  selection  is  made  to  receive  the  legislative  approval. 
This  is  one  of  the  checks  on  the  executive  autliority,  and 
places  some  of  the  responsibility  of  good  government 
upon  the  people  themseh'es  who  have  sent  their  constit- 
uents to  the  Senate  to  represent  them  in  the  making  of 
the  rules  and  regulations  of  our  g(3^'ernment.  The  Gov- 
ernor appoints  the  State  Examiner,  Engineer,  Librarian, 
Geoiogist,  Attorney  General,  Inspectors  of  Coal  Mines, 
Veterinarian,  Superintendent  of  Fish  Hatcheries,  Game 
Wardens  and  all  members  of  the  State  Board  of  Health 
Horticulture,  Humane  Society  and  Water  Control,  Com- 


S8  'I'llK    (JOVEKNMl'lXT   OF    W  VOM  I  Xd. 

missioners  for  Stock,  Pharmacy,  Pure  Food  and  Public 
Lands,  Medical  and  Dental  Examiners,  Trustees  for  the 
institutions  for  higher  education  and  the  Historical  Soci- 
ety. Should  a  vacancy  occur  in  any  (;f  these  ofiices  after 
the  Legislature  adjourns,  the  (Jovernor  has  the  power  to 
fill  a  vacancy  until- the  meeting  of  the  next  Legislature. 
The  (governor  is  President  of  the  State  I'oard  of  Charities 
and  Reforms.  'J'his  JKiard  has  general  su]jervision  and 
control  of  all  charitable,  reformatory  and  penal  institu- 
tions of  the  State,  including  the  insane  as3'lum,  ])eniten- 
tiary,  deaf,  (hinib  and  blind  asylum,  general  hospital, 
.Soldiers'  Home  and  all  of  the  county  jails  of  the  vState. 
(R.  S.  1899,  Sec.  633.) 

Except  for  treason  and  impeachment,  the  Governor 
can  grant  pardons  to  those  who  have  been  convicted  by 
the  courts,  or  he  can  substitute  a  less  punishment  than 
had  been  pronounced  for  a  crime.  If  a  criminal  has  been 
sentenced  to  be  hanged,  the  Governor  has  the  power  to 
change  the  punishment  to  imprisonment  for  life,  or  abso- 
lutely pardon  the  offender ;  he  can  also  grant  reprieves, 
which  temporarily  suspend  the  execution  of  a  sentence. 
He  can  remit  or  release  fines  and  restore  property  which 
the  courts  have  taken  from  the  accused,  call  forfeitures. 
For  conviction  for  treason  the  Governor  can  suspend  the 
execution  of  the  sentence  and  submit  the  case  to  the  next 
Legislature.  At  each  session  of  the  Legislature  he  must 
make  a  statement  of  all  the  remissions  of  fines,  reprieves, 
communtations  or  pardons  granted  by  him  and  his  rea- 
sons for  doing  the  same.  (Art.  IV",  Sec.  5.)  Restora- 
tion of  citizenship  to  one  who  has  served  a  term  in  the 
penitentiary  for  crime  can  be  given  b}'-  the  Governor. 
(R.  S.  1899,  Sec.  5462;  S.  L.  1905,  Ch.  18.) 

QUESTIONS. 

1.  Why  is  the  Governor  of  the  State  called  the  executive? 
Who  is  called  the  Chief  Executive  of  the  United  States? 

2.  Docs  the  Governor  have  more  power  than  the  legislature! 
Why? 


TIIK  (  OXSTITHTIOX  OF  WVOMING.  89 

'.i.     Who    is    the    prcsout    Covoiuor?     What    are     his    powers? 
What  are  his  legislative  powers? 

4.  AVhat  officials  can  become  acting  Governor? 

f).     What  is  a  veto  power?     llow  is  it  overcome?     Why  should 
a  Governor  liave  this  power? 

6.  What    State    officer    has    the    Governor    aj)pointe(l    in    your 
county? 

7.  Are    there    more    8tji1e    ollicers    elected    by    the    people    than 
apj)ointcd  by  the  Governor.' 

5.  What  is  a  i>;irdoii  antl  who  has  j)ower  to  grant  it? 
9.     Explain   tlie   term   "restoration   of   citizenship." 

10.     Who  were  the  candidates  at  the  last  gubernatorial  election? 
When  was  it  held?     When  does  the  next  election  take  place? 

SEFERENCES. 

Schouler,   Constitutional  Studies,  pp.  267,   282. 

Roosevelt,    American   Ideals,    No.    VIIT. 

Hart,  Actual  Government,  Ch.  VIIT. 

Fiske,  Civil  Government  in  the  United  States,  Ch.  VI. 

Bluntschli,  Theory  of  the  State,  Part  III,  Ch.   VII. 

Hinsdale,  American  Government,  Ch.  LTI. 

Wilson,  The  State,  Sees.  1 126-1 20S. 

Ashley,  The  American  Federal  State,  Ch.  XVIII. 

Bryce,  .The  American  Commonwealth,  I,  Ch.  XLI,  p.  473. 

Smith,  Training  for  Citizenship,  Ch.   VIII  and  XXVIII. 

McClain,  Constitutional  Law  in  U.  S.,  Ch.  VI  and  XIX. 

Moses,  Constitution  of  the  U.  S.,  Ch.  VI. 

Forman,  Advanced  Civics,  Ch.  XIX  and  XXTII. 


en AT^TER  XT. 

The  Judicial  Department. 
Cedant  Arma  Togae/"' 

The  Governor's  first  duty  is  to  see  that  the  laws  of  the 
State  as  contained  in  the  Constitution  and  as  made  by 
the  Legislatin-e  are  executed  and  enforced.  That  these 
laws  may  be  uniformly  administered  and  authoritatively 
construed,  the  third  department  of  the  State,  the  Judf- 
ciary,  is  formed. 

The  judicial  l^ranch  of  the  government  interprets  the 
meaning  of  the  laws,  and  applies  it  to  cases  in  con- 
troversy. The  laws  are  made  by  tlie  Legislature  and 
applied  by  the  judiciary. 

The  Judicial  Department  of  the  State  consists  of  the 
Senate,  which  acts  as  the  Court  of  Impeachment  (Art. 
Ill,  Sec.  17),  a  Supreme  Court,  district  courts,  Justices 
of  the  Peace,  courts  of  arbitration  and  municipal  courts. 
(Art.  V.  Sec.  i.) 

The  Supreme  Court  consists  of  three  Justices  with  a 
term  of  ofilice  of  eight  years,  each  receiving  a  salary  of 
three  thousand  dollars  per  annum.  Judges  of  the  Su- 
preme Court  during  territorial  go\'ernment  v.'ere  ap- 
pointed by  the  President  of  the  United  States.  After 
the  first  State  election  the  three  judges  all  served  for  a 
dift'erent  length  of  time,  one  for  four,  another  for  six 
and  the  third  for  eight  years.  This  arrangement  was 
made  in  order  to  avoid  having  the  term  of  office  of  the 
entire  court  expire  at  the  same  time.  It  is  necessary 
that  this  court  be  continuous  and  that  a  majority,  or 
two,  of  the  Judges  serve   for  at   least  two  years  before 

*This  was  Vl'^yoming's  territorial  motto  ami  appeared  on  the  terri- 
torial seal.  "Let  arms  yield  to  the  gown,"  or.  "Let  military  authority 
give  way  to  the  civil  power."  The  great  seal  of  the  State  bears  the 
wording  "Equal  Rights."  and  the  seal  of  the  T'niversity  has  for  its 
motto   "Equality." 


THE  CONSTITUTION  OF  WVO.MiXC.  91 

a  new  incinbcr  is  elected.  In  this  way  there  are  always 
sonic  judges  on  the  bench  who  arc  familiar  with  the 
regulations  of  their  court.  The  Judge  having  the  short- 
est term  to  serve,  provided  he  has  not  been  appointed,  is 
the  Chief  Justice,  and  presides  at  all  terms  of  court. 
If  a  vacancy  occurs  in  the  office  of  the  Supreme  Court, 
the  Governor  has  the  power  to  appoint  a  Justice  to 
hold  the  office  until  the  next  election  and  until  his  suc- 
cessor (pialifies  for  office.  (Art.  V,  Sec.  4.)  Unless  one 
he  learned  in  law  he  is  not  eligible  to  the  position  of  Jus- 
tice of  the  Supreme  Court.  This  ])rovision  is  absolutely 
necessary  in  order  to  obtain  "Justice  and  Equity"  under 
the  law.  Knowledge  of  the  construction  and  require- 
ments of  the  laws  must  be  had  in  order  to  enable  the 
Justice  to  declare  what  was  the  original  intent  of  the 
laws  when  enacted  or  as  contained  in  Constitutional  pro- 
\-isions.  The  Justice  must  have  practiced  law  for  a: 
least  nine  years  and  have  resided  in  Wyoming  for  three 
years,  be  thirty  years  or  more  of  age  and  a  citizen  of  the 
United  States.     (Art.  V,  Sec.  8.) 

No  Judge  can  practice  as  an  attorney  in  any  of  the 
courts  of  the  State  or  serve  as  a  counsellor  at  law  (Sec. 
25,  R.  S.  1899,  Sec.  3293)  ;  nor  can  he  hold  any  other 
office,  elective  or  appointive,  during  his  term  of  office. 
(Sec.  2/.)  This  court  must  meet  at  least  twice  a  year, 
on  the  first  Mondays  of  April  and  October.  (Sec.  7, 
S.  L.  1905,  Ch.  4.)  A  majority  of  the  court  is  necessary 
to  constitute  a  quorum  and  transact  business.  (Sec.  5, 
R.  S.,  Sec.  3284.)  The  Judges  can  exercise  only  judicial 
duties.  ('Sec.  16.)  The  clerk  of  the  Supreme  Court, 
who  is  also  court  stenographer,  is  appointed  by  the 
Justices.  (Sec.  9,  R.  S.,  Sec.  3393.)  This  court  aj)- 
points  the  State.  Board  of  Law  Examiners,  wdiose  duty  it 
is  to  examine  and  recommend  applicants  for  admission 
to  the  ISar.  (R.  S.,  Sec.  3305.)  The  Supreme  Court 
has  Dower  to  decide  if  a  law  is  constitutional.     That  is. 


92  'I'lIK   (;()VKH.\MK.\'r   OF   WVOMlNCi. 

it  has  the  i>o\ver  to  judge  if  an  enactment  violates  any  of 
the  ])rovisions  of  the  Constitution.  A  law  cannot  be 
unconstitutional.  'Vhv  fact  that  the  enactment  is  un- 
constitutional makes  it  impossible  to  be  a  law.  The 
supreme  law  of  the  land  is  the  Constitution  of  the  United 
States,  and  Wyoming  is  an  inseparable  part  of  this  Fed- 
eral Union.  (Dec.  R.,  Sec.  37.)  The  Su])reme  Court 
bases  many  of  its  decisions  as  to  constitutionality  upon 
the  Declaration  of  Rights  as  found  in  our  State  Con- 
stitution. It  is  the  foundation  or  fundamental  principle 
of  our  State  law.  All  general  laws  have  a  uniform  oper- 
ation. The  Supreme  Court  has  general  superintending 
control  over  the  inferior  courts  and  appellate  jurisdic- 
tion  in  both  civil  and  criminal  causes. 

Jurisdiction  is  the  right  which  a  court  has  to  try  a 
case,  hence  the  jurisdiction  of  a  court  is  its  power, 
or  authority  to  determine  controversies. 

Original  jurisdiction  refers  to  the  court  where  the  case 
may  first  be  commenced,  or  deals  with  a  case  in  con- 
trovers}'   from    its   beginning. 

Appellate  jurisdiction  is  where  a  court  may  review  a 
case  which  has  been  tried  by  a  lower  court  and  is  taken 
to  this  higher  court  on  appeal.  The  decisions  of  the 
lower  court  ma}-  be  sustained  or  reversed. 

Concurrent  jurisdiction  is  where  a  party  may  bring  suit 
in  either  of  two  or  more  courts. 

The  Supreme  Court  can  hear  cases  in  civil  action, 
where  the  rights  of  individuals  as  private  persons  are 
involved,  and  in  criminal  action,*  where  the  State  is  con- 
cerned, provided  that  they  are  brought  to  this  court  from 
another  court.  This  is  by  an  appeal.  (Art.  V,  Sec.  5.) 
The  Supreme  Court  has  original  jurisdiction  (this  power 
to  decide  a  case  when  brought  to  it  directh-  and  not 
on    appeal    from    another   court),    in    quo   warranto    and 

*See  page  HO 


THE  OOXSTITUTTON  OF  Wi'OMlXG.  93 

mandamus  as  to  all  State  officers.  The  first  is  an  action 
brought  against  an  official,  asking  "by  what  authority" 
he  holds  his  office,  and  the  mandamus  is  an  action  to 
compel  the  officer  to  discharge  the  duties  which  have 
been  intrusted  to  him.  This  court  also  has  the  original 
jurisdiction  in  habeas  corpus,  where  a  person  detained 
by  law  is  brought  before  the  court  to  decide  if  he  has 
legally  been  deprived  of  his  liberty.  This  court  has 
also  authority  to  issue  all  writs,  writings  or  mandates 
commanding  things  to  be  done,  necessary  to  execute  its 
judicial  duties.      (Sec.  3.) 

District  Judges. — The  Constitution  made  provision  for 
three  district  courts  (Sec.  20),  and  the  Legislature  of 
1897  created  the  fourth  district.  (R.  S.  1899,  Sec.  3295.) 
These  are  known  as  judicial  districts  one,  two,  three 
and  four.  The  first  district  is  composed  of  Laramie  and 
Converse  counties ;  the  second  of  Albany,  Natrona  and 
Fremont ;  the  third  of  Carbon,  Sweetwater  and  Uinta, 
and  the  fourth,  the  last  one,  is  formed  from  Johnson, 
Sheridan,  Crook,  Weston  and  Big  Horn.  The  Judges 
presiding  over  these  courts  are  known  as  District  Judges, 
and  are  elected  by  the  people  of  each  judicial  district 
for  a  term  of  six  years,  with  a  salary  of  three  thousand 
dollars  per  annum.  (vSec.  19,  R.  S.,  Sec.  341 1.)  The 
Constitution  left  the  matter  of  compensation  for  the 
Judges  of  the  Supreme  and  district  courts  to  be  regu- 
lated by  the  Legislature. 

Each  judge  holds  court  in  all  of  the  counties  em- 
braced in  his  district  at  least  twice  a  year.  (R.  S.,  Sec. 
3296;  S.  L.  1901,  Chs.  6,  99;  S.  L.  1903,  Ch.  55.) 

The  requirement  for  eligibility  of  Judges  in  this  court 
are:  that  the  applicant  must  be  learned  in  law,  a  citizen 
of  the  -L-nited  States,  a  resident  of  the  State  for  two 
years  and  at  least  twenty-eight  years  of  age.  A  Judge 
of  the  Supreme  Court  must  be  older,  have  practiced  law 
longer,  and  lived  in  the  State  for  a  greater  period  than 


THK  tO.NWTITUTTOX  OF  WYOMkXU.  95 

the  district  Judge.  The  Supreme  Court  is  the  last  court 
to  decide  on  a  legal  question,  and  the  greatest  accuracy 
ni  the  knowledge  of  law  is  required;  longer  years  of 
-experience  are  a  safeguard,  and  a  greater  familiarity  with 
our  State  laws  is  acquired  by  a  longer  residence  within 
our  borders.  Appeals  are  taken  directly  from  the  dis- 
trict court  to  the  Supreme  Court,  where  the  decisions 
which  the  lower  court  has  given  are  either  sustained  or 
reversed  by  this  higher  court.  A  district  judge  may 
serve  as  a  Supreme  Judge  when  one  of  the  judges  of  the 
Supreme  Court  is  interested  in  a  case  brought  before 
this  court.  In  this  case  the  two  remaining  Judges  select 
one  of  the  district  judges  to  act  in  the  place  of  the  absent 
Judge.  (Sec.  6. )  The  district  courts  naturalize,  or  make 
citizens,  of  aliens.  An  alien  is  a  foreigner,  or  one  born 
out  of  the  jurisdiction  of  the  United  States.  A  natural- 
ized citizen  is  one  who,  although  born  in  another  coun- 
try, is  adopted  by  the  United  States.  A  citizen  is  one 
who  owes  perpetual  allegiance  to  the  State  in  which 
he  resides.  These  district  courts  issue  papers  to  the 
newly  made  citizens,  and  for  the  sworn  allegiance  give 
them  the  rights  and  protections  of  the  native-born  citi- 
zen. 

One  of  foreign  birth  before  he  can  become  naturalized 
must  have  resided  in  the  United  States  at  least  five 
years  and  have  declared  in  a  district  court  his  intention 
to  become  a  citizen  at  least  two  years  before  he  takes 
out  his  final  papers.     (R.  S.  U.  S.  1878,  Ti.  XXX.) 

Cases  brought  from  inferior  courts,  such  as  that  of 
the  Justices  of  the  Peace,  can  be  appealed  to  the  district 
court.  The  district  court  has  original  jurisdiction  ;  that 
is,  a  case  can  have  its  first  hearing  before  it,  in  all  cases 
not  given  by  law  to  other  courts,  and  all  cases  in  matters 
of  law  and  equity,  criminal  cases  and  matters  of  probate 
and  insolvency.      (Art.  V,  Sec.  10.) 

When  a  case  is  tried  before  a  judge  and  jury  it  is  a 


96  TIIK   UOVKK'XMKNT   OF    \VV()MIX(i. 

case  at  law.      When  a  case  is  tried  before  a  judge  only  it 
is  a  case  in  equity. 

Cases  of  law  and  equity  are  those  of  a  personal  nature 
attectijig"  one's  rights,  and  criminal  cases  are  those  con— 
cerning'  the  State,  where  an  injur}-  is  done  to  the  puljlic 
by  an  act  forbidden  by  the  State.  Cases  of  probate 
relate  tc^  estates  left  by  those  deceased,  and  cases  in 
insolvency  are  those  in  which  parties  are  not  able  to  meet 
their  debts  and  are  l)ankruj)t.  This  court  has  also  the 
power  to  issue  writs  as  in  cases  granted  to  the  Su- 
preme Court.  (Sec.  lo.)  Each  Judge  has  a  clerk  in  all 
of  the  counties  in  which  he  holds  court  (Sec.  13)  and  he 
also  has  a  court  stenographer.  The  clerk  is  elected  b}^ 
the  people,  but  the  stenographer  is  appointed  by  the 
Judge. 

The  salar}'^  of  the  stenographer  is  one  thousand  dollars 
per  j'-ear,  and  he  serves  the  Judge  in  all  the  counties  of 
that  district.  (S.  L.  1903,  Ch.  29.)  If  for  any  reason  a 
Judge  cannot  hold  court,  he  may  request  one  of  the  other 
Judges  to  perform  his  duties.  (Sec.  11.)  (See  Attorney 
General  and  County  and  Prosecuting  Attorney  in  Part 
III,  Ch.  XXI,  offices  created  by  the  Legislature.) 

Court  Commissioners. — Judges  of  the  district  court 
ma}'-  appoint  commissioners  having  authority  to  make 
in  their  absence  any  order  which  a  district  Judge  may  do 
when  not  sitting  in  open  court.  They  can  administer 
oaths  or  take  depositions  and  evidence. 

Justices  of  the  Peace. — The  board  of  county  commis- 
sioners for  each  county  establishes  precincts  in  which 
Justices  of  the  Peace  preside  when  the  punishment  pre- 
scribed by  law  does  not  exceed  a  fine  of  $100  and  im- 
prisonment for  six  months  in  the  county  jail,  subject 
to  an  appeal  to  the  district  court.  Where  the  punish- 
ment exceeds  such  limitations,  the  Justice  of  the  Peace 
oits  as  an  examining  magistrate  and  binds  the  accused 
to  appear  in  the  district  court  for  trial,  if  there  is  prob- 


TilK  CONtSTlTi'TlOX  OF  WVO.MlN^i.  97 

able  cause  lo  believe  him  j^nilt}-.  and  if  not.  he  (iischarges 
him  from  custody.  These  Justices  are  elected  by  the 
people  within  their  respective  precincts.  (Sec.  22,  R.  S., 
Sec.  4316.)  Their  term  of  office  is  for  two  years.  They 
have  authority  and  jurisdiction  in  civil  actions  where 
the  amount  in  controversy  does  not  exceed  two  hundred 
dollars.  In  these  cases  they  have  concurrent  jurisdic- 
tion with  the  district  court.  They  may  administer 
oaths ;  take  acknowledg-ments  of  writings ;  perform  mar- 
riage ceremonies ;  issue  subpoenas  for  witnesses :  compel 
witnesses  to  appear  in  their  courts ;  issue  attachments 
and  executions  on  judgments  and  hear  and  determine 
cases  of  misdemeanor.  (Art.  V,  Sec.  22,  R.  S.,  Sees. 
4323,  4320.)  In  no  case  can  a  Justice  of  the  Peace  have 
authority  over  action  involving  titles  to  real  estate  or 
boundaries  of  same.  (Sec.  22.  R.  S..  4324.)  Appeals 
from  this  court  may  be  taken  to  the  district  court  of  the 
county  in  which  the  precincts  are  located.  (Art.  V,  Sec. 
23.  R.  S.,  4397.)  No  appeal  is  allowed  where  the  matter 
in  controversy  is  less  than  five  dollars.      (R.  S.,  4406.) 

Boards  of  Arbitration. — That  there  might  be  a  pro- 
tection through  law  to  the  rights  of  labor  and  that  the 
laborer  may  receive  jjroper  reward  for  his  service  pro- 
vision was  made  for  legislative  enactment  on  this  sub- 
ject. (Dec.  R..  Sec.  22.)  The  Legislature  was  empow- 
ered to  provide  for  a  board  of  arbitration,  to  which  the 
laborer  might  voluntarily  submit  his  claims.  (Art.  XIX, 
r)oard  of  Arbitration,  Sec.  i.)  The  Legislature  of  1901 
authorized  the  Governor  to  appoint  an  arbitration  com- 
mission. This  commission  of  three  members  was  ap- 
pointed and  directed  to  draft  a  bill  for  the  constitution 
of  a  board  of  arbitration  and  report  to  the  Legislature 
in  1903.  This  commission,  composed  of  two  representa- 
tives of  labor  and  one  of  capital,  failed  to  make  any  re- 
port other  than  one  to  the  (jovernor.  which  was  to  the 
effect  that  the  labor  represen.tation  and  labor  organiza- 
tions did  not  care  for  the  enactment  of  such  a  lavv-. 


<)S  Tlli-:   (iON'liK'XMKX'r   OF    \VV().MI\(J. 

The  law  as  administered  by  these  several  courts  has 
its  fonndatioii  in  the  Declaration  of  Rights.  No  enact- 
ment of  the  I.ejT^islature  or  decision  of  the  courts  can  de- 
prive one  of  any  of  these  j^rotections  and  privileges 
granted  in  the  declaration.  Read  carefully  this  portion 
of  the  Constitution.  The  freedom  \vc  enjoy  to-day  is  em- 
bodied in  Article  I.  and  the  privileges  as  set  forth  therein 
were  granted  through  the  results  of  the  Revolutionary 
War.  Life,  liberty  and  i)r()perty  are  made  safe  by  it  and 
cannot  be  taken  from  us  without  due  process  of  law. 
Equality  is  established,  the  right  of  habeas  corpus  is 
given  and  the  right  is  granted  to  defend  ourselves  by 
counsel  in  open  court  when  accused.  No  person  can  be 
tried  and  sentenced  twice  for  the  same  crime.  Security 
is  obtained  from  unreasonable  search  of  one's  person 
or  house  and  effects.  The  penal  code,  or  the  law  govern- 
ing punishment  of  crime,  is  based  on  principles  of  re- 
formation an.d  prevention  rather  than  on  inhumane  treat- 
ment. The  people  are  allowed  the  right  to  petition  the 
authorities  for  measures  needed  for  their  common  good 
and  free  speech  is  not  denied.  The  legislative,  executive, 
and  judicial  departments  are  organized  and  empowered 
in  order  that  the  provisions  of  the  Constitution  may  be 
put  in  force.  Special  and  distinct  duties  are  assigned  to 
each  of  these  three  departments.  At  times,  however, 
these  powers  are  interchangeable.  The  Senate  exercises 
executive  functions  when  it  approves  or  disapproves  of 
the  appointments  made  by  the  Governor;  the  Senate  also 
exercises  judicial  functions  when  it  sits  as  a  court  to  try 
cases  of  impeachment.  The  Governor  exercises  legis- 
lative power  when  he  vetoes  a  bill. 
QUESTIONS. 

1.  What  is  the  chief  duty  of  the  Justices  of  the  Supreme 
Court  of  the  State? 

2.  Compare  the  District  Court  with  the  Supreme  Court.  What 
Judicial  District  do  you  live  in?  Who  are  the  Supreme  and  the 
District  Judges  from  your  county?  Which  officer  of  these  two 
courts  serves  the  longer  term? 


THE  CO]V8TlTUTJON  OF  WYOMING.  99 

3.  Has  ail  attempt  ever  lieeii  made  to  make  a  constitutional 
amendment  in  reference  to  the  Judges  of  the  Supreme  Court? 
Give  reason  for  your  answer. 

4.  What  are  the  advantages  of  electing  a  judge  for  a  long 
term  rather  than  having  one  appointed  for  a  short   term? 

5.  What  is  the  meaning  of  the  term  Jurisdiction? 

6.  What  is  naturalization  and  how  is  it  accomplished? 

7.  What  are  the  duties  of  a  Justice  of  the  Peace? 

8.  W^ho  is  the  Justice  of  the  Peace  in  your  locality? 

9.  What  are  his  duties? 

10.     Define  arbitration.     Why  is  it  of  benefit? 

REFERENCES. 

Hinsdale,  The  American  Government,   C'h.  LIII. 

Bryce,  The  American  Commonwealth,  I,  Ch.  XLII,  p.  480. 

Hart,   Actual   Government,  Ch.  IX,  p.   151. 

Cooley,  Constitutional  History,  Ch.  V. 

Tosqueville,  Democracy  in  America,  T,  Chs.  VI,  VII. 

Sehouler,    Constitutional   Studies,    Ch.   VII,   p.    283. 

Wilson,  The  State,  Sees.  1147-1173. 

Smith,  Training  for  Citizenship,  Ch.  XXXI  and  XXXVII. 

McClain,  Constitutional  Law  in  U.  S.,  Ch.  VII  and  XXIV. 

Moses,  Constitution  of  the  U.  S.,  Ch.  VII  and  p.  351-354. 

Forman,  Advanced  Civics,  Ch.  XX,  XXI  and  XXIV. 


CHAPTER  XII. 

Religion,  Education  and  Franchise. 

The  vState  cannot  appropriate  any  money  for  a  religious 
or  sectarian  society  or  institution.  (Dec.  R.,  Sec.  19.) 
The  Legislature  is  prohibited  from  making  an  appropria- 
tion for  denominational  or  sectarian  institutions.  (Art. 
Ill,  Sec.  36.)  No  portion  of  the  public  school  fund  shall 
ever  be  diverted  to  support  an  institution  of  learning 
controlled  by  any  religious  organization.  (Art.  VII., 
Sec.  8.)  Religious  liberty  is  secured  by  our  State  Con- 
stitution and  "no  one  shall  ever  be  troubled  or  injured 
in  person  or  property  on  account  of  religious  worship." 
(Ord.,  Sec.  2.)  No  religious  test  can  be  made  in  refer- 
ence to  the  schools  controlled  by  the  State,  nor  shall 
attendance  be  required  at  any  religious  services.  (Art. 
VII.,  Sec.  12.)  The  free  exercise  of  religious  worship 
shall  forever  be  granted  and  no  one  can  be  prevented 
from  filling  an  of^ce  of  trust  on  account  of  his  religious 
belief.  (Dec.  R.,  Sec.  18.)  No  instruction  in  religion  of 
a  denominational  character  is  allowed  in  the  State  Uni- 
versity or  a  sectarian  test  made  in  the  selection  of  trust- 
ees or  instructors  or  admission  of  students.  (R.  S.,  Sec. 
491.)  That  there  might  be  no  misunderstanding  as  to 
the  attitude  of  the  members  of  the  Constitutional  Con- 
vention towards  religious  services  in  the  State  the  ex- 
pert testimony  of  the  President  of  this  Convention  was 
asked  for  on  this  subject,  and  his  interpretation  Avas  a? 
follows:  "The  aim  and  object  (of  the  Convention)  was  to 
establish  religious  freedom  and  equality  and  so  prohitit 
legislation  that  would  give  controlling  power  to  any 
sect.  Means  for  the  support  of  the  public  school  sys- 
tem is  contributed  in  like  proportion  by  all  people  of  the 
State,  no  matter  what  their  religious  belief  or  peculiari- 
ties. Entirely  just,  then,  this  section  of  our  Constitu- 
tion that  prohibits  the  use  of  public  funds,  generally  con- 


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THE  CONSTITUTION  OF  WYOMTNC;.  103 

tributed  alike  by  all,  from  being  used  to  aid  any  par- 
ticular sect  or  denomination;  but  it  will  be  observed  that 
this  section  contains  one  other  peculiar  provision  which 
reads  as  follows :  'Nor  shall  attendance  be  required  at  an)' 
religious  service  therein.'  Thus  it  is  manifested  that  our 
Constitution-makers  intended  that  there  should  be  some 
religious  service  in  the  schools  of  the  State,  but  that  no 
pupil  should  be  required  or  compelled  to  attend  or  take 
part  in  these  religious  exercises.  The  parents  can  re- 
quire their  attendance  at  these  religious  services,  or  they 
can  direct  their  children  not  to  attend  these  services. 

"It  is  believed  that  the  great  mass  of  the  people  of  our 
State  desire  some  religious  training  in  the  schools  of  our 
State.  The  Constitution-makers,  therefore,  believed  it 
wise  in  the  interest  of  good  morals  and  the  good  order 
of  society,  to  promote  religious  exercises  in  our  schools 
that  would  be  acceptable  to  the  great  mass  of  our  people, 
but  leaving  it  optional  with  the  parents  to  restrict  their 
children  in  attendance  if  they  chose.  This  is  believed 
to  be  the  fair  meaning  and  construction  to  the  latter  sec- 
tion."    (Dec.  R.,  Sec.   i8.) 

Education. — The  general  supervision  of  the  public 
schools  is  entrusted  to  the  Superintendent  of  Public  In- 
struction. (Art.  VII.,  Sec.  14.)  Opportunities  for  edu- 
cation are  considered  one  of  the  rights  of  citizens  and 
the  Legislature  is  empowered  to  make  provision  to  ad- 
vance all  educational  interests.  (Dec.  R.,  Sec.  23.)  No 
distinction  is  made  in  the  schools  as  to  race,  color  or  sex. 
(Art.  VII.,  Sec.  10.)  Neither  the  Superintendent  nor 
the  Legislature  can  prescribe  the  text-books  to  be  used 
in  the  schools.  (Sec.  11.)  Wyoming  has  a  system  of 
free  text-books  in  all  the  schools.  (S.  L.  1901,  Ch.  38.) 
Free  education  is  given  by  the  State  to  all  children  be- 
tween the  ages  of  six  and  twenty-one  years.  The  Con- 
stitution provided  that  children  must  attend  at  least 
three  years  while  they  are  between  the  ages  of  six  and 


104  TIIK   GOVERNMENT   OF  WYOMING. 

eighteen.  (Art.  VII.,  Sec.  9.)  The  Legislative  enact- 
ment made  education  compulsory  for  all  children  between 
the  ages  of  seven  and  fourteen  for  six  months  each  year. 
(S.  L.  1907,  Ch.  93.) 

The  University  of  the  State  of  Wyoming  is  co-educa- 
tional, and  is  open  to  all  students  of  any  race  or  color. 
The  instruction  is  free.  The  support  for  the  institution 
comes  from  a  tax  of  one-fourth  of  a  mill  given  by  the 
State  and  grants  of  land  from  which  money  is  received 
for  rents  and  appropriations  of  money  from  the  Gov- 
ernment. (Sec.  16,  R.  S.,  Sec.  1833.)  The  university 
is  at  the  present  the  only  institution  in  the  State  offer- 
ing higher  education.*  The  Constitution  authorized  the 
Legislature  to  provide  for  the  teaching  of  mining  and 
metallurgy  and  the  university  has  been  designated  as  the 
place  where  these  subjects  are  to  be  taught.  (Sec.  17, 
R.  S.  487.) 

In  addition  to  the  School  of  Mines,  the  university  has  a 
College  of  Liberal  Arts,  an  Agricultural,  IMechanical, 
Normal  and  Commercial  College.  The  management  of 
the  university  is  vested  in  a  board  of  trustees  consisting 
of  nine  members,  who  hold  their  office  for  a  term  of  six 
years  without  salary.  The  appointments  are  made  by 
the  Governor  at  the  session  of  the  Legislature.  The 
President  of  the  University  and  the  Superintendent  of 
Public  Instruction  are  ex-officio  members  of  the  board. 
(Sec.   17,  R.  S.,  Sec.  488.) 


*As  the  University  is  tlie  only  institution  for  higher  education  in 
Wyoming,  tlie  President  and  the  faculty  constitute  the  examining 
board  for  the  Cecil  Rhodes'  scholarship.  This  gives  two  students  at 
the  University  who  are  able  to  pass  a  competitive  examination  a  three 
years'  course  at  Oxford  College,  England,  with  $1,500  annually  for  each 
student.  One  of  the  requirements  appearing  in  the  will  which  donated 
this  money  is  that  the  students  at  the  educational  institution  from 
which  the  examinations  are  taken  must  also  receive  the  endorsement 
of  the  student  body  of  that  institution  as  to  the  applicants'  good  fel- 
lowship and  general  athletic  qualifications.  A  stranger  taking  the 
examinations  could  hardly  expect  this  student  recognition. 


'nil-:  coxyTiTUTroN  of  WYOMrxc;.  io5 

Elections. — Wyoming  has  a  particularly  superior  set 
of  laws  in  regard  to  her  elections.  The  secret  ballot  is 
used  and  called  the  Australian  Ballot  System.**  Only 
the  general  Constitutional  requirements  are  stated  in  this 
chapter.  The  detailed  methods  and  regulations  are  to 
be  found  in  the  division  of  administration  of  affairs.  The 
right  of  suffrage  was  granted  women  in  Wyoming  at  the 
lirst  Territorial  Legislature  in  1869.  During  the  second 
session  of  the  Legislature  an  unsuccessful  attempt  was 
made  to  repeal  the  law.  Since  that  time  no  effort  has 
been  made  to  deprive  the  women  of  this  privilege  of 
franchise.  The  subject  was  discussed  at  the  time  of  the 
Constitutional  Convention  in  1889,  after  it  had  received 
a  test  of  twenty  years  of  actual  operation,  but  no  opposi- 
tion was  made  against  continuing  the  right  granted. 
Even  Congress,  when  our  Constitution  with  this  equality 
clause  was  presented  for  approval,  made  no  serious  argu- 
ment against  retaining  this  provision  for  "woman  suf- 
frage." Wyoming  is  the  first  political  organization  of 
all  time  to  grant  women  the  right  to  vote  upon  all  ques- 
tions where  suffrage  is  exercised.  Colorado,  Idaho  and 
L'tah  now  have  equal  suffrage.  Equal  political  rights 
are  granted  by  the  Declaration  of  Rights  (Sec.  3),  where 
the  privilege  and  rights  of  suffrage  are  not  denied  on 
account  of  sex,  race  or  color.  The  right  to  hold  office  is 
not  denied  on  account  of  sex.  All  citizens,  men  and 
women,  equally  enjoy  all  civil,  political  and  religious 
rights.  (Art.  VL,  Sec.  i.)  That  there  may  be  no  ques- 
tion on  the  subject  and  in  order  to  emphasize  the  fact 
that  the  Constitutional  law  is  operative,  the  revised  stat- 
utes (1899,  Sec.  378),  state  "the  rights  of  women  to  the 
elective  franchise  and  to  hold  office  shall  be  the  same  as 
those  of  men."  Every  citizen  of  the  United  States  of 
the  age  of  twenty-one  years  and  over,  who  has  been  a 


**Introduced  in  the  Legislature  of  1SS9  by  Hon.  Frederic  S.  Hebard 
and   in   force  from  that  date. 


l(,Hi  'rilK   (iOVEKNMlCXT   OF    \V  VOM  1  XC. 

resident  of  the  State  of  Wyoming"  for  one  year,  and  of 
the  county  wherein  his  residence  is  located,  sixty  days 
just  ])receding-  the  election,  who  is  able  to  read  the  Con- 
stitution, is  entitled  to  vote.  (Art.  VI.,  Sees.  2,  5  and  9.) 
Persons  of  unsound  mind  and  convicts  whose  citizenship 
has  not  been  restored  are  deprived  of  the  elective  fran- 
chise. (Sec.  6.)  Xo  civil  or  military  authority  can  in- 
terfere to  prevent  one  from  exercising  this  right.  All 
elections  are  open,  free  and  equal.  (Dec.  R.,  Sec.  27.) 
In  order  to  vote  each  citizen  must  register  as  a  voter, 
according  to  law.  (Art.  VI,  Sec.  12.)  All  general  elec- 
i^ions  are  held  the  Tuesday  following  the  first  Monday  in 
November  of  the  even  numbered  years.  All  State  and 
county  officers  are  elected  at  this  time  and  assume  the 
duties  of  their  offices  the  first  Monday  in  January  fol- 
lowing their  elections.  At  these  general  elections  all 
the  State  and  county  officers,  members  of  the  Legis- 
la,ture,  the  Representative  to  the  United  States  Congress 
and  the  electors  to  elect  the  President  of  the  United 
States  are  chosen  by  ballot.  All  voters  are  given  the 
absolute  privacy  in  the  preparation  of  their  ballots,  and 
it  is  absolutel}^  necessar}-  that  the  l^allots  so  prepared 
shall  be  shown  to  no  one  before  being  placed  in  the  ballot 
box.  This  makes  voting  according  to  one's  own  judg- 
ment and  inclination  possible  ratlier  than  following  the 
dictates  and  wishes  of  some  otlier  person.  (Sec.  11, 
Elect.  Sec.  5.)  \A^yoming,  in  addition  to  the  two  United 
States  Senators  which  each  State  elects  by  its  Legisla- 
ture, is  entitled  at  present  (1907)  to  one  Representative 
in  Congress.  Each  State  is  entitled  to  one  Representa- 
tive for  every  194,182  people  within  its  borders.  States 
having  less  than  this  number  of  inhabitants  are  entitled 
to  one  Representative.  At  present  we  have  a  population 
of  about  100,000,  and  until  we  almost  double  our  popula- 
tion we  cannot  have  an  additional  Representative  in  Con- 
gress.    So   long  as   we   are   entitled   to   but  one   Repre- 


Till':  coxsTi'rrTioN  of  Wyoming.  107 

sentative  the  election  is  made  by  the  entire  State.  When 
we  have  another  Representative  in  Congress  the  State 
will  be  divided  into  two  Congressional  districts,  each 
one  of  which  will  have  a  Representative  who  will  be 
elected  only  by  the  people  of  the  district.  (Art.  III. 
Apport.  Sec.  i,  Act  of  Admis.  Sec.  3.)  Wyoming  is  en- 
titled to  three  presidential  electors,  who  are  elected  e\'ery 
fourth  year  after  1900.      (R.  S..  Sec.  196.) 

QUESTIONS. 

1.  What  was  tlio  object  of  the  Constitutiou-makers  in  pro- 
hibiting donations  and  support  to  religious  institutions?  Was  it 
heeause   they  did   not   believe   in   them? 

2.  What  is  the  meaning  of  the  "free  exercise  of  religious 
worship"? 

3.  Are  there  any  religious  tests  made  in  connection  with  any 
school  position?     Why? 

4.  What  is  religion? 

5.  Who  has  the  general  supervision  of  the  school  system  in 
the  State? 

6.  What  is  the  compulsory  school  age  in  the  State? 

7.  Where  is  the  institutiou  for  higher  learning  located?  What 
is  it   called?     How  many  students   attend  it? 

8.  What   is   meant   by   a    co-educational   institution? 

9.  Explain    the    Australian    Ballot    System. 

10.  How  would  a  blind  man  vote? 

11.  What  are  the  qualifications  in  order  to  cast  a  ballot? 

12.  What  is  the  meaning  of  the  term  "equal  rights"?  Why  is 
Wyoming   called   the   "Equality   State"? 

13.  After  State  officers  are  elected  when  do  they  assume  their 
duties? 

14.  How  many  representatives  to  the  United  States  Congress 
are  sent  by  Wyoming?  Who  so  represents  us?  When  will  one 
be  elected?     How  are  representatives  elected? 

15.  Who  are  the  United  States  Senators  from  this  State? 
How  are  they  elected?     When  is  one  to  be  elected? 

16.  State  some  acts  of  importance  that  our  Senators  and 
Representatives  have   done  for  this  State. 

17.  Why  are  we  limited  to  three  presidential  electors?  What 
are  their  duties? 

18.  When  are  presidential  electors  elected  and  how? 


108  THK   GOVKRNMHNT   OF  WYOMING. 

REFERENCES. 

Ashley,   The    Anierican   Federal   State,   pp.   38,   85,   459,   462,   Cb. 

XXIX. 
Hart,  Actual  Governmeut,  Ch.  XXIX,  Sees.  32-41. 
Bryce,    The    American    Commonwealth,    II,    pages    570-586,    Ch. 

XCII. 
Schouler,   Constitutional   Studies,   jjp.    230-248. 
Fiske,  Civil  Government,  pp,  133-136. 
James  and  Sanford,  Government  in  State  and  Nation,  Chs.  IX, 

XI. 
McClain,  Constitutional  Law  in  II.  S.,  Ch.  XXXVII. 


CHAPTER  XIII. 

Treason,  Impeachment,  Bribery  and  Rights. 

Treason  is  a  crime.  It  is  an  act  committed  against  the 
State  and  not  against  individuals.  It  is  an  act  com- 
mitted by  a  subject  against  the  State  to  which  he  has 
sworn  allegiance.  The  old  Roman  law  called  it  crimen 
laesae  majestatis,  the  crime  of  violated  sovereignty.  It  is 
a  breach  of  faith  in  that  it  attempts  to  overthrow  the 
political  organization  which  on  oath  the  citizen  has  prom- 
ised to  protect.  Treason  against  the  State  and  the 
United  States  is  identical,  as  set  forth  in  each  Constitu- 
tion. 

UNITED   STATES.  WYOMING. 

Treason   against   the   United  Treason    against    the    State 

States    shall     consist    only    in  shall    consist    only    in    levying 

levying  war   against   them,   or  war  against  it,  or  in  ndhering 

adhering     to     their     enemies,  to    its    enemies    or    in    giving 

giving  them  aid  and   comfort.  them  aid  and  comfort.    (D.  R., 

(Art.    Ill,   Sec.    3.)  Sec.  26.) 

The  Legislature  is  prohibited  from  condemning  one  for 
treason.  A  person  can  be  convicted  of  the  crime  only  on 
confession  in  open  court  or  on  the  testimony  of  two  wit- 
nesses to  the  same  actual  act  of  treason. 

Impeachment. — To  impeach  is  to  call  one  to  account. 
The  term  is  used  in  connection  with  officers  holding  posi- 
tions of  trust  who  have  failed  to  perform  duties  in  ac- 
cordance with  the  laws  or  whose  actions  do  not  justify 
their  continuance  in  office.  Their  ofifences  may  not  vio- 
late the  criminal  code,  but  are  a  betrayal  of  trust  or  a 
neglect  of  public  duty.  The  Governor.  State  officers 
and  judges  of  the  courts  are  liable  to  impeachment.  The 
action  may  be  brought  against  them  for  crime,  for  omit- 
ting to  do  their  duties  according  to  the  law,  for  misbe- 
havior not  amounting  to  crime  in  discharge  of  the  duties 


I  in  TJIK   (iOVKKNMIONT   OF   WYOMING. 

entrusted  to  them.  The  Senate  cannot  inflict  a  direct 
punishment  for  impeachment.  Judgment  against  an  offi- 
cer shall  consist  in  removal  from  office  and  disqualifica- 
tion to  hold  any  State  office.  If  convicted  or  acquitted 
the  party  is  liable  to  prosecution  according  to  law.  (Art. 
III.,  Sec.  i8.)  The  power  to  impeach  rests  in  the  House 
of  Representatives,  that  is,  it  prefers  the  charge  of  cor- 
rupt violation  of  official  duties.  The  Senate  acts  as  a 
court  and  tries  the  case.  A  majority  of  the  House  can 
impeach,  but  it  takes  a  two-thirds  vote  of  the  Senate 
to  convict.  If  the  Governor  is  to  be  tried  the  Chief  Jus- 
tice of  the  State  Supreme  Court  shall  preside.  (Sec.  17.) 
When  the  President  of  the  United  States  is  to  be  tried 
the  Chief  Justice  of  the  United  States  presides.  This 
provision  was  made  because  if  the  vice-president,  who 
is  the  president  of  the  Senate,  should  preside  at  the 
trial  and  the  President  were  convicted,  the  vice-president 
would  succeed  to  the  President's  chair.  In  this  way 
it  would  place  a  presiding  officer  of  the  court  in  a  posi- 
tion to  succeed  to  the  office  of  the  tried  party  should  the 
court  pronounce  him  guilty.  This  is  one  of  the  safe- 
guards of  national  and  State  government  to  prevent  any 
action  against  an  officer  to  profit  by  his  conviction.  No 
.one  has  been  impeached  in  this  State  (1907).  There 
have  been  only  seven  impeachments  by  Congress,  and 
of  this  number  only  two  convicted  by  the  Senate. 

Bribery. — To  attempt  to  influence  an  officer  in  the  con- 
duct of  his  duty  by  the  oiTer  of  a  reward  is  bribery.  The 
one  who  gives  and  the  one  who  receives  are  equally 
guilty.  Members  of  the  Legislature  are  prohibited  from 
promising  to  vote  on  an}^  measure  on  condition  that  some 
other  member  will  give  his  influence  for  or  against  a 
proposition.  The  legislator  making  such  a  promise  is 
deemed  guilty  of  solicitation  of  bribery.  The  punish- 
ment is  expulsion  and  ineligibility  to  the  Legislature,  and 
on  conviction  in  the  courts  the  offender  is  liable  to  a  fur- 


TUl-:  CONSTITUTION  OF  WYOMING.  Ill 

ther  penalty  as  prescril)ed  by  law.  (Art.  III.,  Sec.  42.) 
A  person  offering"  money  or  any  valuable  thing  to  an 
executive  or  judicial  officer  or  member  of  the  Legislature 
to  influence  him  in  the  performance  of  his  duty  is  guilty 
of  bribery,  and  may  be  ])unished  by  law.  (Sec.  43.) 
The  punishment  for  both  the  one  offering  the  bribe  and 
the  officer  receiving  same  is  imprisonment  in  the  peni- 
tentiary for  a  period  not  over  fourteen  years.  (Art.  III., 
Sec.  45  and  R.  S.  5073. )  Bribery  by  the  Governor  con- 
sists in  promising  his  official  influence  in  return  for 
Legislative  votes  or  his  promise  to  veto  bills,  or  the 
promise  to  appoint  particular  persons  to  office  provided 
members  of  the  Legislature  use  their  influence  to  pass 
certain  measures,  or  if  he  threatens  to  remove  any  per- 
sons from  office,  to  exercise  an  influence  on  the  action  of 
a  member.  In  addition  to  the  penitentiary  punishment 
he  shall  forfeit  all  right  to  hold  an  office  of  trust  or  honor 
in  the  State.     (Art.  IV.,  Sec.  10.) 

Personal  and  Property  Rights. — The  Declaration  of 
Rights  grants  all  accused  persons  in  criminal  cases  the 
right  of  a  trial  by  a  jury  of  twelve  men.  This  is  called 
the  petit  jury,  and  consists  of  men  chosen  from  the 
county  where  the  court  is  held,  to  decide  the  issues  be- 
tween the  two  parties.  The  grand  jury  also  consists  of 
twelve  men  chosen  to  inquire  into  offences  which  have 
been  committed.  This  jury  makes  a  written  accu'^a- 
tion,  called  an  indictment,  against  the  alleged  offender. 
It  does  not  try  to  prove  that  a  crime  has  been  com- 
mitted, but  accuses  parties  supposed  to  have  committed 
the  offence.  While  it  requires  the  vote  of  the  entir; 
bod}^  of  the  petit  jury  to  convict  a  person,  nine  of  th ^ 
gran;l  jury  can  find  an  indictment.  (D.  R.  Sec.  9,  R.  S. 
5280.)  The  Legislature  is  prohibited  from  enacting  a 
law  stating  what  the  exact  damages  shall  be  given  for 
injury  or  death  to  a  person.  Any  contract  made  with  an 
employee   agreeing   not    to   sue   for   damages   is   without 


112  THK   (;()VKU.\MI;NT   of   WYOMING. 

force.  (Art.  X.,  Sec.  4.)  Persons  injured  in  mines  by 
the  failure  to  provide  protection  have  a  right  to  bring 
suit  against  the  person  or  corporation  liable.  (Art.  IX., 
Sec.  4.)  If  private  property  is  needed  for  public  pur- 
poses or  for  private  use  it  cannot  be  taken  from  the 
owner  without  just  compensation.  (Dec.  R.,  Sec.  33.) 
Every  head  of  a  family  is  entitled  to  a  homestead  not  ex- 
ceeding in  value  the  sum  of  fifteen  hundred  dollars.  This 
homestead  is  exempt  from  forced  sale  under  any  process 
of  law.  This  does  not  apply  to  sale  for  taxes  or  to  the 
obligation  of  the  purchase  price  of  the  premises  or  erec- 
tion of  the  improvements  thereon.  (Art.  XIX,  Home- 
stead Sec.  I,  R.  S.  3901.) 

QUESTIONS. 

1.  What  is   treason?     What  is   the   punisliment   for   treason? 

2.  Who  tries  persons  guilty  of  treason? 
.3.     Who  can  be  impeached? 

■4.  Is  it  wise  to  give  a  set  of  persons  control  over  officials 
through    removal? 

5.  What  is  the  advantage  of  depriving  one  who  is  guilty  of 
bribery  from  holding  any  office  of  trust  in  the  State  rather  than 
making  the  offender  pay  a  heavy  fine? 

(5.     Where   is   bribery   most   frequently   used? 

7.  What  is  the  grand  jury?  How  does  it  differ  from  the 
petit  jury? 

8.  Are  the  sessions  of  the  grand  jury  held  in  secret?     Why? 
REFERENCES. 

Hart,   Actual   Government,   Sees.   571-573. 

Fiske,   Civil    Government,   pp.    221,    222. 

Bryce,  The   American   Commonwealth,  I,  pp.   47,   86,   208,  479. 


CHAPTER    XI\'. 

State   Finances. 

Taxes,  Revenues,  Debts,  Appropriations,  Funds. 

No  authority  in  the  State  can  surrender  its  power  to 
levy  taxes.  (Art.  XV.,  Sec.  14.)  The  State  has  a  right 
to  impose  taxes  upon  its  people  and  their  property  in 
order  to  raise  money  for  public  purposes.  Indirect  taxes 
are  duties  upon  articles  for  consumption  ;  direct  taxes  are 
poll  tax  and  taxes  upon  land.  All  the  taxes  must  be 
uniform  and  distributed  equally  among  the  people.  "No 
tax  shall  be  imposed  without  the  consent  of  the  people 
or  their  authorized  representatives."  (Dec.  R.,  Sec.  28.) 
The  great  injustice  to  the  American  colonies  consisted 
in  England  levying  taxes  upon  her  people  in  this  couiitry 
without  consulting  them  or  giving  them  a  representative 
in  the  tax  levying  house  in  England.  "Taxation  without 
representation"  was  the  revolutionary  watchword,  and 
did  much  toward  bringing  the  war  to  a  successful  issue. 
It  was  something  that  not  only  touched  the  heairts.  but 
the  purse-strings  of  every  colonist.  No  State  tax  can  be 
levied  except  according  to  law.  (Art.  XV.,  Sec.  -  13.) 
The  law  exempts  from  all  taxation  all  property  in  the 
State  belonging  to  the  United  States,  Indian  reserva- 
tions, military  posts  and  reserves,  government  land  and 
all  State  property,  the  State  buildings  and  State  land 
donations ;  county  property,  court  houses  and  hospitals, 
city  property,  school  buildings  and  property  owned  for 
public  "uses,  also  secret  society,  benevolent  and  chari- 
table buildings,  (S.  L.  1901,  Ch.  5);  public  libraries,  the 
buildings  as  well  as  the  books ;  property  used  for  relig- 
ious purposes  and  cemeteries.  (Art.  XV.,  Sec.  12,)  All 
other  property,  real  and  personal,  is  subject  to  assess- 
ment and  taxation.  (Sec.  i,  R.  S.  1763.)  An  assessment 
is   the   fixing  of  the   proportion   of  the   tax  which   each 


Ill  'i'liK   COVHHXMKN'T   OF    WYOMING. 

person  is  to  pay.  Mining"  and  coal  lands  are  taxed. 
(Art.  XV.,  Sees.  2  and  3.)  The  f;r()ss  products  of  all 
the  mines  are  taxed  in  addition  to  the  tax  on  the  surface 
improvements.  (S.  1..  1903,  Ch.  81.)  For  State,  county 
and  city  revenue  the  amount  of  tax  that  can  be  levied 
is  limited  by  law.  With  the  exce])tions  for  educational 
and  charitable  puri)oses  and  in  order  to  pay  public  debts 
the  levy  limited  for  State  pur[)os€s  is  four  mills  on  the 
dollar;  for  county  twelve  mills,  and  for  city  eight  mills. 
(Art.  XV.,  Sees.  4,  5  and  6.)  A  poll  tax  of  two  dollars 
each  year  is  levied  on  all  citizens  between  the  ages  of 
twenty-one  and  fifty  years.  The  poll  tax  goes  to  the 
common  school  fund  of  the  district  in  which  the  poll  tax 
is  levied.     (Sec.  5,  R.  S.  1193.) 

The  State  has  a  State  Board  of  Equalization,  whose 
duty  it  is  to  fix  each  year  a  valuation  for  assessment  on 
all  live  stock ;  to  assess  all  corporations  used  as  common 
carriers  and  to  equalize  the  valuation  of  property  in  the 
counties  for  the  State  revenue.  (Art.  XV.,  Sec.  10.) 
This  board  consists  of  the  State  Auditor,  State  Treasurer 
and  Secretary  of  State.     (Sec.  9.) 

A  debt  is  an  obligation  to  pay  money  or  other  valuable 
thing.  It  is  usually  due  through  some  contract,  or  for 
some  value  received.  In  former  days  those  people  who 
could  not  pay  their  debts  and  coiild  not  meet  their  obli- 
gations, were  sent  to  jail  as  punishment.  Now,  except 
in  cases  of  fraud,  no  one  can  be  imprisoned  for  debt. 
(Dec.  R.,  Sec.  5.)  The  Legislature  cannot  release  any 
person  or  corporation  from  an  obligation  or  debt  held  by 
the  State.  (Art.  III.,  Sec.  40.)  Public  indebtedness  is 
all  restricted  b}'^  Constitutional  provisions.  (Art.  XVI., 
Sees.  1-4  and  8.)  The  Legislature  has  power  to  pass  bills 
to  raise  revenue.  Revenue  is  the  income  of  the  State. 
It  is  money  necessar}^  to  carry  on  the  administration  of 
affairs  of  the  State.  Bills  for  raising  revenue  can  only 
originate   in  the  lower  house.     The   Senate  can  propose 


TiiK  coxsTrrrTiox  of  wvo.Mi.xd.  u.i 

amendments  to  these  bills.  (Art.  111.,  Sec.  33.)  All 
appropriations  appear  in  separate  bills,  each  containing' 
but  one  subject,  except  the  general  appropriation  bill 
which  contains  appropriations  for  the  expenses  of  the 
several  departments  of  the  State.  (Sec.  34.)  No  ap- 
propriation can  be  made  to  institutions  or  corporations 
not  under  the  absolute  control  of  the  State.  (Sec.  33.) 
No  money  can  be  paid  out  of  the  State  Treasury  except 
on  appropriation  by  law  and  by  warrant  drawn  by  proper 
officers.  All  bills  against  the  State  and  county  must  be 
verified  by  affidavit :  they  must  be  sworn  to  before  some 
one  duly  authorized  to  administer  oaths.  (Art.  XVI., 
Sec.  7.)  The  perpetual  funds  for  school  purposes  can- 
not be  spent,  onh^  the  annual  income  or  interest  arising 
from  them  can  be  used.  This  fund  includes  all  money 
received  from  the  sale  or  lease  of  sections  sixteen  and 
thirty-six  in  each  township  of  the  State ;  the  five  per  cent 
as  granted  by  Congress  on  the  sales  of  Government  lands 
in  the  State ;  proceeds  which  come  to  the  State  through 
forfeiture,  or  unclaimed  shares  of  estates  of  deceased  per- 
sons. The  money  arising  from  this  source  is  called  the 
common  school  fund.  (Art.  VII..  Sec.  2.)*  Fines  im- 
posed under  the  general  laws  go  to  the  common  or  pub- 
lic school  fund.  (Sec.  5.)**  The  income  arising  from 
these  funds  must  be  applied  to  the  support  of  the  free 
schools  in  every  county.  (Sec.  7.)  The  distribution  of 
the  same  is  according  to  the  number  of  children  of  school 
age  in  each  count}'.  No  appropriation  can  be  made  for  a 
school  which  is  taught  less  than  three  months  in  the 
year.  Private  schools  can  receive  no  aid  from  the  State 
whatsoever.      (Sec.  8.) 


*The  amount  distributed  in  190G  to  the  schools  in  the  State  amounted 
to  $115,354.96.  The  apportionment  to  each  county  was  based,  not  on 
the  enrollment,  but  on  the  census  of  children  of  school  age.  The 
records  give  24,154  scliool  children   in  the  State. 

**Common   schools   and    public   schools   are   the   same. 


116  THK   (iOVKKNMKNT   OF  WYOMING. 

The  public  school  money  must  be  securely  invested 
and  the  income  or  interest  from  such  investments  must 
be  used  exclusively  for  the  support  and  use  of  the  free 
public  schools.  (Sec.  4.)  These  funds  are  considered 
as  a  trust  fund  in  care  of  the  State,  and  the  greatest 
caution  must  be  exercised  in  the  investment  of  the  money. 
The  security  given  must  be  in  bonds  of  the  school  dis- 
tricts, or  registered  county  bonds,  State  securities,  or 
securities  of  the  United  States.  (Sec.  6.)  All  moneys 
not  invested  must  be  placed  or  deposited  in  some  national 
bank  of  this  State,  drawing  interest  which  must  go  to 
the  State  rather  than  to  the  parties  to  whom  the  money 
was  temporarily  entrusted.  The  law  prohibits  any  pub- 
lic officer  from  using  money  for  purposes  other  than  those 
authorized  by  law.     (Art.  XV.,  Sees.  7  and  8.) 

QUESTIONS. 

1..  What  is  the  duty  of  the  State  Board  of  Equalization?  Who 
compose  the  Board? 

2.  What  are  the  limits  of  the  tax  levj'  for  State,  county  and 
city? 

'^.     Why   is   it   difficult   to   tax  personal   property? 

4.  Is  it  more  just  to  levy  a  tax  according  to  a  person's  ability 
to  pay  or  according  to  the  benefits  he  receives  from  the  State 
Government? 

5.  Why  arc  the  school  funds  so  carefully  guarded? 

6.  How  does  the  State  Treasurer  obtain  the  public  money 
and  how  does  he  pay  it  out? 

7.  How  are  the  monies  invested? 

8.  How   are   the   revenues   raised?     Why   can   a  bill   to   raise   a 
rovtuue    only   originate   in    the   House   of   Representatives? 
EEFEEENCES. 

Hart,   Actual   Government,   Ch.   T,    (Taxation). 

Fiske,  Civil  Government,  Ch.  I. 

Ashley,  The  American  Federal  State,  Ch.  XXV. 

Wilson,  The  State,  Sees.  1258,  1259. 

-Tames    and    Sanford,    Government    in    the    State    and    Nation, 

-    Ch.  VI. 
ISIcClain,  Constitutional  Law  in  U.  S.,  Ch.  XII. 
Forman,  Advanced  Civics,  Ch,  XXXV. 

Fairlie,    Local    Government    in    Counties,    Towns    and    Villages, 
Ch.  XV. 


CHAPTER  XV. 

State  Officers. 

The  Governor,  the  Judges  of  the  Supreme  and  District 
Courts,  and  members  of  the  Legislature  are  State  officers. 
The  Constitution  makes  provision  for  other  State  officers 
who  are  elected  l)y  the  qualified  voters  of  the  State,  at 
the  time  and  place  where  the  members  of  the  Legislature 
are  chosen.  These  officers  are  a  Secretary  of  State,  an 
Auditor,  a  Treasurer  and  Superintendent  of  Public  In- 
struction. Each  of  these  four  must  be  a  citizen  of  the 
United  States,  qualified  State  elector  and  at  least  twenty- 
five  years  of  age  and  each  receives  a  salary  of  two  thou- 
sand dollars  a  year.  (Art.  IV..  Sec.  13.)  Their  term  of 
office  is  four  years.  All  of  the  State  officers  are  eligible 
for  re-election  after  the  expiration  of  their  term  of  office, 
except  the  State  Treasurer,  who  cannot  succeed  himself, 
but  may  be  eligible  for  the  position  again  when  four 
years  have  expired  from  the  time  for  which  he  was  elect- 
ed. (Art.  IV.,  Sec.  11.)  This  provision  is  made  to  pro- 
tect the  State  funds  which  come  under  his  control.  The 
frequent  rotation  of  office  necessitates  the  transfer  of 
money  from  one  treasurer  to  another  and  fraud  or  any 
irregularity  is  thus  prevented,  at  least  for  any  length  of 
time. 

The  official  oath  of  office,  which  must  be  taken  before 
entering  upon  the  duties  of  their  respective  offices,  is  as 
follows : 

"I  do  solemnly  sw^ear  (or  affirm)  that  I  will  support, 
obey  and  defend  the  Constitution  of  the  United  States 
and  the  Constitution  of  this  State,  and  that  I  will  dis- 
charge the  duties  of  my  office  with  fidelity ;  that  I  have 
not  paid  or  contributed,  or  promised  to  pay  or  contribute, 
either  directly  or  indirectly,  any  money  or  other  valuable 
thing,  to  procure  my  nomination  or  election  (or  appoint- 
ment) except  for  necessary  and  proper  expenses  author- 


lis  'I'lIK   (lOVKRNMKNT   OF    WYOMING. 

izcd  by  law ;  that  1  have  not,  knowingly,  violated  any 
election  law  of  the  State,  or  ])rocure(l  it  to  be  done  in  my 
behalf;  that  1  will  not,  knowingly,  receive,  directly  or  in- 
directly, any  money  cjr  other  valuable  thing  for  the  per- 
formance or  non-performance  of  any  act  or  duty  pertain- 
ing to  my  office  other  than  the  compensation  allowed  by 
law."     (Art.  VI.,  Elections,  Sec.  8.) 

Any  person  refusing  to  take  this  oath  or  affirmation 
forfeits  the  office  to  which  he  is  elected  or  appointed,  and 
anyone  violating  the  oath  of  office  is  guilty  of  perjury 
and  is  disqualified  forever  from  holding  any  office  of 
trust  in  the  State.  These  oaths  can  be  taken  before 
anyone  authorized  to  administer  oaths.  The  members 
of  the  Legislature  must  take  the  oath  in  the  house  to 
which  they  are  elected  before  one  of  the  Judges  of  the 
Supreme  Court  or  a  Justice  of  the  Peace.  (Art.  VI., 
Elections,  Sec.  9.)  Uniformly  these  oaths  have  been  ad- 
ministered by  a  Judge  of  the  Supreme  Court. 

The  Secretary  of  State  must  reside  in  the  capital  and 
keep  his  office  in  that  place.  He  has  the  care  of  the 
great  seal  of  the  State.  The  imprint  of  this  seal  is  placed 
on  all  documents  and  certificates  coming  from  his  office. 
He  has  the  custody  of  all  of  the  documents  and  papers 
connected  with  the  Legislature  of  Wyoming.  These 
are  of  extreme  value,  as  they  are  the  laws  as  originally 
made,  and  in  cases  of  controversy  reference  is  made  to 
the  documents  as  the  most  accurate  atithority  to  settle 
the  question.  The  Secretary  attests  or  certifies  to  all  of 
the  official  acts  of  the  Governor  under  his  "hand  and 
seal"  and  keeps  a  register  of  all  the  commissions  isstied 
b}^  the  Governor  and  of  the  Governor's  official  acts.  (R. 
S.,  Sec.  55.)  The  Secretary  mtist  give  a  bond  of  ten 
thousand  dollars  that  he  will  well  and  truly  perform 
the  duties  of  his  office.  He  is  the  custodian  of  all  the 
bonds  of  the  other  State  officers.  (R.  S.,  Sees.  54  and  69.) 
If  the  position  of  Governor  becomes  vacant,  he  is  then  the 


GREAT    SEAL     WYOMING     SECRETARY    OF     STATE. 


TIIH  CONSTiTTTTIOX  OF  \VV()M1N(!.  iL'l 

actinc;-  Governor.  He  receives  the  salary  of  both  offices 
when  filling-  both  places.  The  salary  of  the  Governor  is 
two  thousand,  five  hundred  dollars  a  year. 

If  the  Secretary  of  State  removes  from  the  State  or  is 
impeached,  the  Governor  has  the  power  to  appoint  a 
Secretary  of  State.      ( R.  S.,  Sec.  64.) 

The  Auditor  gives  a  bond  of  fifteen  thousand  dollars. 
He  is  the  accountant  of  the  State  and  audits  and  settles 
all  claims  against  the  State  except  those  required  by  law 
to  be  adjusted  by  the  other  officers  ;  he  is  the  keeper  of 
the  accounts,  vouchers,  documents  and  all  papers  relating 
to  the  accounts  and  contracts  of  the  State.  He  is  also 
ex-officio  Insurance  Commissioner,  whose  duty  it  is  to 
examine  into  the  conditions  and  relations  of  any  insur- 
ance company  doing  business  in  the  State.  (R.  S.,  Sees. 
70,  72,  82.) 

The  Treasurer  of  the  State  is  obliged  to  give  a  bond  of 
twenty-five  thousand  dollars.  He  receives  and  keeps  all 
of  the  money  of  the  State  not  required  by  law  to  be  kept 
by  some  of  the  other  officers.  The  Auditor  makes  out 
warrants  for  bills  against  the  State  and  the  Treasurer 
pays  the  bills  as  indicated  by  the  warrants.  (R.  S..  Sees. 
85  and  86.)  He  invests  all  permanent  funds  arising  from 
the  sale  -of  State  lands.      (S.  L.  1903.  Ch.  30.) 

The  State  Superintendent  of  Public  Instruction  has  the 
general  supervision  of  the  educational  interests  of  the 
State  and  is  an  ex-officio  member  of  the  board  of  trustees 
of  the  university.  (R.  S.,  Sec.  488.)  Each  year  he  dis- 
tributes the  money  received  by  the  State  Treasurer  for 
public  schools,  including  rents  of  unsold  school  lands, 
among  the  several  counties  of  the  State,  according  to 
the  number  of  children  of  school  age  in  each.  T^ie 
money  is  paid  by  the  Auditor's  warrant  to  the  county 
treasurers.  The  county  superintendents  have  the  money 
sent  from  the  county  treasurers  to  the  several  school  dis- 


1212  'i'lIK  (lOVEBNMENT  OF   WYOMING. 

tricts  in  the  ct)unty.  No  district  having  a  school  for  less 
than  three  months  receives  any  of  this  distribution.  (R. 
S.,  Sec.  93.)  He  issues  teachers'  certificates  upon  the  rec- 
ommendation of  the  State  Board  of  Examiners,  the  mem- 
bers of  which  are  appointed  by  him.  (S.  L.  1907,  Ch.  65.) 
In  addition  to  the  regular  duties  of  these  State  officers, 
they  also  serve  ex-officio,  on  State  Boards  and  Commis- 
sions as  follows : 

State  Board  of  School  Land  Commissioners:  Governor, 
Superintendent  of  Public  Instruction,  Treasurer  and 
Commissioner  of  Public  Lands  as  Secretary. 

State  Board  of  Land  Commissioners:  The  Governor, 
State  Superintendent  of  Public  Instruction,  Secretary  of 
State  and  Commissioner  of  Public  Lands  as  Secretary. 

State  Board  of  Charities  and  Reforms :  Governor, 
Secretary,  Treasurer,  Auditor  and  State  Superintendent 
of  Public  Instruction  as  Secretary. 

Capitol  Building  Commission:  Auditor,  Treasurer,  En- 
gineer. 

State  Board  of  Condemnation  of  Sale  of  Useless  State 
Property :   Secretary,  Treasurer  and  Auditor. 

State  Board  of  Equalization :  Secretary.  Auditor  and 
Treasurer. 

Insurance  Commission:  Auditor. 

The  Constitution  does  not  designate  all  of  the  officers 
of  the  State,  but  delegates  some  power  to  the  Legis- 
lature to  create  such  offices  as  are  necessary  for  the  best 
interests  of  good  government.  It,  however,  provides  for 
a  State  Examiner,  who  is  appointed  by  the  Governor,  and 
confirmed  Iw  the  Senate  for  a  term  of  four  years.  (Art. 
IV.,  Sec.  14.)  His  salary  is  two  thousand  dollars  per 
year.  (S.  L.  1903,  Ch.  99.)  His  duties  are  to  examine 
al^  books  and  accounts  of  the  several  offices  of  the  State 
and  county  and  to  establish  a  uniform  and  correct  system 
of  keeping  the  financial  accounts  of  these  several  insti- 
tutions.    He  visits  these  offices  without  previous  notifi- 


TIIK  CONSTITUTION  OF  WYOMING.  123 

cation  at  least  twice  a  year  and  makes  detailed  accounts 
of  his  inspection  to  the  Governor.  In  case  the  State 
Treasurer,  or  a  treasurer  of  a  county  or  municipal  cor- 
poration, should  be  removed,  he  would  take  the  vacant 
place  until  such  time  as  the  office  was  again  filled  by 
proper  authority.  Once  a  year  he  makes  an  inventory 
of  all  the  chattel  property  of  the  State,  keeping  a  record 
of  the  description  of  this  property,  its  location,  condition, 
and  cost.     (R.  S.,  Sec.  ii6,  121-123.) 

The  State  Engineer  is  appointed  by  the  Governor  and 
serves  lor  a  term  of  six  years.  His  salary  is  two  thou- 
sand five  hundred  dollars.  He  has  the  general  super- 
vision of  the  waters  of  the  State,  and  the  offices  connected 
with  their  distribution.  (Art.  VHL,  Sec.  5.)  He  makes 
measurements  and  calculations  of  the  discharge  of  the 
streams  and  makes  surveys  to  determine  the  best  loca- 
tions for  constructing  works  for  utilizing  the  water  of  the 
State  and  ascertains  the  location  of  the  lands  best  suited 
for  irrigation.  All  the  needs  of  the  State  as  to  irriga- 
tion matters  are  entrusted  to  the  Engineer.  (R.  S.,  Sec. 
104.) 

The  Governor  appoints  two  Inspectors  of  Coal  Mines, 
who  hold  the  office  for  six  years,  and  receive  annually  two 
thousand  dollars.  One  has  the  jurisdiction  of  Laramie, 
Albany,  Carbon,  Sweetwater  and  Uinta  counties,  called 
District  No.  i.  The  remaining  counties  of  the  State 
constitute  District  No.  2.  The  duties  of  these  officers  are 
to  examine  all  of  the  coal  mines  within  their  district  at 
least  once  in  three  months  and  to  see  that  all  the  require- 
ments b}'  law^  to  protect  the  miners  are  being  fulfilled. 
(Art.  IN.,  Sec.  i,  S.  L.  1903,  Ch.  23.)  Other  mines  than 
coal  mines  are  inspected  by  the  Geologist.  (S.  L.  1903, 
Ch.  35-) 

The  State  Geologist  receives  his  appointment  from  the 
Governor,  confirmed  by  the  Senate,  as  are  all  the  appoint- 
ments made  by  the  executive.     (Art.  IN.,  Sec.  6.)       He 


124  'I'lIK   GOVERNMENT  OF   WYOMING. 

receives  a  salary  of  two  thousand,  four  hundred  dollars. 
His  duties  are  to  report  on  the  mining  property  and  to 
collect  official  information  relating  to  the  various  mines 
and  to  publish  reports  upon  mining  projects  in  the  State 
in  order  to  advance  the  mining  industry  and  to  advertise 
the  mineral  wealth  of  our  State.  (S.  L.  1901,  Ch.  45.) 
He  is  also  ex-officio  Inspector  of  Mines  other  than  coal 
mines.  He  makes  examination  of  all  matters  relating 
to  the  safety  of  the  persons  working  in  these  metallifer- 
ous mines.      (S.  L.  1903,  Ch.  35.) 

If  vacancies  occur  in  any  of  the  State  offices  the  Gov- 
ernor has  the  power  to  appoint  some  one  to  fill  the  place 
until  the  next  election,  or  until  the  next  Legislature. 
(Art.  IV.,  Sec.  7.)  (See  p.  84.)  This  does  not  apply  to 
members  of  the  Legislature,  who  have  to  be  elected  by  a 
special  election.  (Art.  HI.,  Sec.  4.)  No  person  holding 
a  L^nited  States  office  can  occupy  any  official  position  of 
this  State  to  which  financial  compensation  is  attached. 
(Art.  VI.,  Elections,  Sec.  7.)  The  salary  of  no  officer 
can  be  increased  or  diminished  during  his  term  of  office. 
(Art.  TIL,  Sec.  32.)  The  salaries  of  county  officers  are 
limited  by  the  Constitution  and  definitely  regulated  by 
Legislative  enactments.  The  amounts  received  are 
gauged  in  accordance  with  the  assessed  valuation  of  the 
counties.      (Art.  XIV.,  Sec.  3.) 

The  counties  are  divided  into  classes  as  follows : 

Assessed  valuation  of  over  five  million  dollars,  first 
class. 

Assessed  valuation  of  over  two  million,  five  hundred 
thousand  dollars  and  not  exceeding  five  million,  second 
class. 

Assessed  valuation  of  more  than  one  million,  four  hun- 
dred thousand  dollars  and  not  exceeding  two  million  five 
hundred  thousand,  third  class. 

Assessed  valuation  of  less  than  one  million,  four  hun- 
dred thousand  dollars,  fourth  class.     (R.  S.,  Sec.  1075.) 


Till']  COXSTITITTIOX  OF  WYOMTNG.  125 

QUESTIONS. 

1.  Wliat    is    the    advantage    of    having    some    of    the    State    offi- 
cers elected  by  the  people  and  some  appointed  by  the  Governor? 

2.  What    State   officers   are    elected?     When    was   the   last   elec- 
tion  held?     When  is  the  next  election? 

3.  What     is    the    reason    for    prohibiting    one    from    holding    a 
State  office  if  he  cannot  take  the  required  oath  of  office? 

4.  Explain    the    duties    of    the    Secretary    of    State?     The    Au- 
ditor?    The    Treasurer?     Superintendent    of   Public   Instruction? 

5.  Give   the   names  of   the  officers   holding  these   positions.     Do 
any  of  them   come  from  your  county? 

6.  What  authority  and  power  have  the  State  Boards? 

7.  Is  the  office  of  the  State  Examiner  a  necessary  one?     How 
can  he  prevent  frauds? 

S.     Why   do   we   have   State   Mine   Inspectors? 
9.     What  are  the  duties  of  the  State  Geologist? 
in.     How  arc    vacancies   in    the   State  offices  filled? 

REFEEENCES. 

Fiske,  Civil   Government,   pp.    1G7-180. 

Ashlej',  The  American  Federal  State,  Ch.  XX. 

Wilson,  The  State,  pp.  612-639. 

Hart,  Actual  Government,  Ch.  VIII. 

Bryce,  The  American  Commonwealth,  I,  Ch.  XLIII. 


CHAPTER    XV r. 

State   Lands,   Water,   Labor,    Corporations,   Militia   and 
Public  Buildings. 

The  subjects  of  land  and  water  are  equally  important 
in  the  arid  regions.  Land  without  water  is  about  as 
valueless  as  water  without  land  in  Wyoming.  They  are 
the  hook  and  eye  that  l)ind  the  State  together.  Each  is 
practically  useless  without  the  other  in  a  country  where 
there  are  no  stated  periods  of  rainfall.  The  Constitution 
(Art.  XVIIL,  Sec.  i)  accepted  the  grants  of  land  made 
by  the  United  States  to  the  State  for  educational  pur- 
poses, for  public  buildings  and  institutions  and  other  uses 
and  accepted  donations  of  money  as  provided  in  the  act 
of  admission  of  the  State  into  the  Union  approved  July 
10,  1890.  All  the  lands  thus  donated  are  unconditionally 
set  aside  for  the  purpose  specified  in  such  act,  and  the 
proceeds  arising  from  the  use  or  sale  of  same  are  never 
expended  for  any  other  purposes.  ( R.  S.,  Sec.  795,  Act 
of  Adm.,  Sec.  4-14.)  These  lands  cannot  be  sold  for  less 
than  $10.00  per  acre.  The  acceptance  of  arid  lands  from 
the  Government  was  authorized  by  the  Legislature  (S.  L. 
1895,  R.  S.,  Sec.  934),  on  the  condition  that  the  State 
reclaimed  these  lands  and  disposed  of  them  to  settlers. 

The  State  Board  of  School  Land  Commissioners,  and 
the  State  Board  of  Land  Commissioners  have  control, 
direction,  disposition  and  care  of  all  lands  granted  the 
State.  (Art.  XVIIL,  Sec.  3;  Art.  VII.,  Sec.  13.)  These 
grants  of  land  were  not  from  any  one  locality  in  the  State  ; 
they  included  stated  numbers  of  acres  which  could  be 
selected  from  any  part  of  the  State  for  special  purposes. 
The  School  Land  Commissioners  have  control,  direction, 
leasing,  disposal  and  selection  of  the  school  lands.  The 
other  land  board  selects  and  controls  all  of  the  other 
lands  donated  to  the  State.  (S.  L.  1903',  Ch.  yS.  Sees. 
I  and  2,  Art.  XVIIL,  Sec.  4.)     AVyoming,  by  her  Con- 


THE  CONSTITUTION  OF  WYOMING.  127 

stitution,  disclaimed  any  ownership  or  title  to  the  unap- 
propriated public  lands  within  her  boundaries  or  to  any 
lands  owned  or  held  by  Indian  tribes  and  also  declared  that 
no  lands  or  property  of  the  United  States  within  her  boun- 
daries should  ever  be  taxed.  (Ordinance,  Sec.  3.)  The 
right  of  eminent  domain  or  the  right  to  take  private 
property  for  public  uses  cannot  be  exercised  without 
compensation  to  the  owner.  This  right  also  extends  to 
taking  property  and  franchises  of  incorporated  com- 
panies when  needed  for  public  use.  (Art.  X.,  Sees,  i  and 
9.)  Private  property  can  be  taken  for  private  use  with- 
out the  consent  of  the  owner,  but  only  with  due  com- 
pensation, when  needed  for  private  ways  of  necessity 
and  for  reservoirs,  drains,  flumes,  or  ditches  on  or  across 
the  lands  of  others  for  agricultural,  mining,  milling,  do- 
mestic or  sanitary  purposes.  (Dec.  R.,  Sec.  32;  S.  L. 
1907.  Ch.  52.) 

Water. — ^^'yoming  was  the  first  State  to  provide  by 
Constitutional  enactment  that  the  water  within  the  bor- 
ders of  a  State  is  the  property  of  the  State.  The  Con- 
stitution of  Colorado  holds  water  to  be  the  property  of 
the  public.  When  this  State  was  admitted  to  the  Union 
the  Federal  Government  ceded  to  the  State  the  title  and 
control  of  all  water  in  the  State.  There  are  approxi- 
mately 98,000  square  miles  in  Wyoming,  or  sixty-two 
million,  seven  hundred  and  twenty  thousand  (62,720,000) 
acres  of  land.  There  are  probably  eight  hundred  thou- 
sand acres  of  this  land  irrigated  and  nearly  twice  this 
area  under  ditches,  that  is,  which  can  be  irrigated  when 
there  is  a  demand  for  the  water  from  the  ditches.  This 
land,  under  irrigation,  would  be  practically  valueless  ex- 
cept for  grazing  purposes  without  the  use  of  water.  The 
subjects  of  irrigation  and  the  duty  of  water  do  not  receive 
attention  in  most  of  the  State  Constitutions.  There  is 
no  need  of  it.  The  rains  coming  at  stated  seasons  do 
for  other  States  what  the  snow  on  the  mountains,  reser- 


128  TliH   (lOVKHNMIONT   OF   WYOMTNU. 

\oirs  and  irrig-ation  ditches  do  for  the  States  in  tlic  arid 
rej>"ion.  Water  in  Wyominj;-  is  essential  to  industrial 
|)ros])erit}'.  It  is  limited  in  anKJunt  and  is  easily  taken 
from  its  natural  channels,  and  must  be  under  the  control 
of  the  State.     (Dec.  R.,  Sec.  31.) 

All  waters  of  the  rivers,  creeks,  s[)rings  and  lakes 
within  the  borders  of  Wyoming  are  the  property  of  the 
State.  (Art.  VIII.,  Sec.  i.)  The  State  Engineer  and  his 
superintendents  of  the  four  water  divisions  constitute 
the  board  of  control  who  have  general  supervision  of  the 
waters  of  the  State  and  of  their  appropriation  and  distrib- 
ution. (Sec.  2  and  4.)  Those  who  have  first  used  or 
appropriated  water  from  the  streams  for  beneficial  pur- 
poses have  the  first  claim  to  the  water.  This  is  called 
priority  of  appropriation.  These  appropriations  are  not 
denied  unless  the  public  interests  demand  the  withdrawal 
or  refusal  of  the  right.  (Sec.  3.)  Municipal  corpora- 
tions can  acquire  the  same  right  as  individuals  and  can 
appropriate  and  use  water  for  domestic  and  municipal 
purposes.     (Art.  XIII.,  Sec.  5.) 

Labor. — Only  citizens  of  the  United  States  or  those 
who  have  declared  their  intention  to  become  such,  may 
be  employed  in  the  construction  of  public  buildings  or 
improvements  in  this  State.  (Art.  XIX.,  Labor,  Sec.  i.) 
No  boy  under  fourteen  years  of  age  and  no  girl  or  woman 
can  be  employed  in  or  about  coal  or  other  dangerous 
mines.  (Art.  IX.,  Sec.  3.)  The  Legislature  makes  pro- 
vision for  the  proper  ventilation,  drainage  and  operation 
of  all  mines.  (Sec.  2.)  Eight  hours  are  considered  a 
lawful  day's  work  in  all  mines  and  on  all  State  and 
municipal  work.  (Ark.  XIX.,  Concerning  Labor,  Sec. 
I.)  No  person  can  enter  into  a  contract  with  any  other 
person  or  corporation  on  condition  that  if  he  receives 
employment  the  one  using  his  services  will  be  exempt 
from  liability  or  responsibility  because  of  personal  in- 
juries due  to  the  negligence  of  the  proper  protection  for 
the  employed.      (Art.  XIX.,  Labor  Contracts,  Sec.  i.) 


TIIK  COXSTlTUTlOiX  OF  WYOMING.  ]29 

Corporations, — .\  corporation  is  an  association  of  in- 
dividuals hound  looetlier  for  a  dertnite  purpose  and  per- 
mitted to  do  business  under  a  special  name.  A  private 
corporation  is  created  for  the  private  benefit  of  the  vari- 
ous members  and  is  allowed  to  change  its  members 
without  destroying  the  association.  A  municipal  cor- 
poration is  a  public  organization  created  for  political  pur- 
poses, such  as  counties,  towns  and  cities  and  is  invested 
with  governmental  powers.  Corporations  are  a  part  of 
the  State  and  are  subject  to  its  control.  Monopolies  and 
perpetuities  are  not  allowed  in  Wyoming.  (Dec.  R.,  Sec. 
30.)  A  monopoly  is  an  exclusive  right  granted  to  a  few 
to  buy  or  sell,  make  or  use  a  given  thing;  a  perpetuity 
is  an  interest  in  property'  or  things  which  cannot  be 
transferred.  Corporations,  in  order  to  be  legally  organ- 
ized to  do  business,  must  obtain  a  franchise.  A  franchise 
is  a  term  applied  to  the  privilege  granted  by  the  Legis- 
lature to  corporations  to  transact  business.  (Art.  X., 
Sec.  2.)  A  combination  of  interests,  preventing  com- 
petition, is  a  trust.  Any  consolidation  of  corporations 
which  interferes  with  the  public  welfare,  is  prohibited. 
(Sec.  8.)  In  territorial  days  towns  and  cities  derived 
their  corporative  power  from  special  charters,  granted 
by  the  Legislature.  Now  they  are  organized  and  clas- 
sified according  to  a  general  law.  All  cities  having  a 
population  of  more  than  four  thousand  inhabitants  are 
known  as  cities  of  the  first  class.      (R.  S.,  Sec.  1587.) 

Railroad  corporations  are  granted  the  privilege  of  oper- 
ating in  the  State.  (Art.  X.,  Railroads.  Sec.  i.)  All  rail- 
roads and  telegraph  lines  are  public  highways  and  com- 
mon carriers  and  as  such  cannot  discriminate  as  to  the 
uses  made  of  them.  All  who  use  them  must  be  treated 
equally  and  impartially.  (Sec.  2.)  No  franchise  can  be 
granted  to  railroads,  telephone,  telegraph  or  electric  light 
lines  to  be  constructed  in  a  city  without  the  consent  of 
the  officials  of  the  municipality.      (Art.  XIII.,  Sec.  4.)     A 


130  Till-:   tJOVKK.NMENT   nF   ^VV()MI^■(;. 

corporation  is  allowed,  by  its  charter,  to  engage  in  only 
one  line  of  business.  (Art.  X.,  Sec.  6.)  If  the  same  com- 
pan}'  desires  to  carry  on  a  business  in  more  than  one  de- 
partment additional  charters  will  have  to  be  granted  for 
each  general  line.  The  Legislature  and  all  municipal 
corporations  are  ])rohibited  from  giving  financial  aid  to 
any  railroad  or  telegraph  line.  (Art.  III.,  Sec.  39;  Art. 
X,  Sec.  5.)  No  corporation  is  permitted  to  transact  busi- 
ness in  the  State  until  it  has  accepted  the  Constitution  of 
the  State  and  filed  such  acceptance  in  the  office  of  the 
Secretary  of  State.  (Art.  X.,  Sees.  5  and  6,  R.  S.,  Sec. 
3058.) 

Militia. — Technically,  the  militia  of  the  State  is  made 
up  of  all  able-bodied  male  citizens  between  the  age  of 
eighteen  and  forty-five  years.  It  might  be  called  a  citi- 
zen army.  Actually,  the  militia  consists  of  all  the  men 
who  have  volunteered  their  services  to  the  State  and 
have  enlisted  in  the  National  Guards  of  Wyoming.  (Art. 
XVII.,  Sec.  I,  S.  L.  1905,  Ch.  46.)  These  militiamen 
may  be  ordered  into  active  service  to  aid  the  civil 
authorities  to  suppress  or  prevent  riot  or  insurrection 
or  prevent  invasion.  They  act  as  a  State  police  force  at 
the  call  of  the  Governor.  "The  right  of  citizens  to  bear 
arms  in  defense  of  themselves  and  of  the  State  shall  not 
be  denied."  (Dec.  R.,  Sec.  24.)  This  military  power  is 
always  under  the  strict  control  of  the  civil  power  of  the 
State,  and  no  soldier  in  time  of  peace  can  be  stationed  in 
any  house  without  the  consent  of  the  owner.  (Sec.  25.) 
The  Governor  is  commander-in-chief  of  the  National 
Guards  of  Wyoming,  except  when  the  militia  is  called  into 
the  service  of  the  United  States.  (S.  L.  1907,  Ch.  67.) 
His  staff  consists  of  officers  appointed  by  him  for  a  term 
of  four  years.  (S.  L.  1901,  Ch.  62,  Sec.  i.)  The  chief 
of  his  staff  is  an  adjutant-general  with  the  rank  of  briga- 
dier-general, who  has  general  supervision  of  the  ord- 
nance,  arms   and   supplies  of  the   militia   which   are   the 


THE  CONiSTlTUTlOX  OF  WVOMl.NC;.  181 

property  of  the  United  States  and  the  State.  The  en- 
listments are  for  a  term  of  three  years.  Officers  of  a 
company  are  elected  by  the  company  and  commissioned 
by  the  Governor  and  all  militia  serve  without  salary 
unless  on  actual  duty  when  the  compensation  is  two 
dollars  per  day.  (Art.  XVII.,  Sec.  3;  R.  S.,  Sees.  718, 
7-9'  739»  742-)  ^o  elector  on  the  day  of  election  is 
obliged  to  serve  on  militia  duty  unless  in  time  of  public 
necessity.  (Art.  V'l.,  Sec.  4.)  No  military  force  can  be 
brought  into  this  State  to  suppress  domestic  •  violence 
without  l)eing  called  for  by  the  Legislature,  or  the  Gov- 
ernor, when  the  Legislature  is  not  in  session.  (Art. 
XIX.,  Police  Powers,  Sec.  i.)  No  military  organization 
of  the  State  can  carry  any  flag  of  any  nationality  except 
that  of  the  United  States.      (Art.  XVII.,  Sec.  4.) 

When  the  President  of  the  United  States  called  for 
troops  in  the  Spanish-American  War  of  1898,  our  State 
apportionment  was  231,  but  338  were  mustered  in  with 
our  lirst  battalion.  The  call  stated  that  men  from  our  Na- 
tional Guards  or  militia  should  be  used  as  far  as  possible, 
as  they  had  the  advantage  of  being  better  equipped, 
armed  and  drilled.  The  battalion  left  Cheyenne  May  18, 
1898,  for  California  and  sailed  for  the  Philippines'  June 
27,  and  reached  Manila  August  2,  in  time  to  assist  in  the 
ca])ture  of  that  city.  Upon  the  second  call  for  troops 
from  President  McKinley,  a  battery  of  light  artillery  was 
accepted  from  Wyoming,  containing  125  men  who  Avere 
nui.-'tered  in  June  15,  and  sailed  from  San  Francisco 
November  8,  1898,  for  the  Philippines.  In  addition  to 
this  seven  troops  of  cavalry  recruited  in  the  State,  and 
entered  the  Second  L-.  S.  Volunteer  Cavalry  which  was 
organized  at  Fort  Russell  under  the  command  of  Colonel 
J.  L.  Torrey.  Officers  and  their  men  numbered  592. 
They  went  to  Florida,  June  22,  1898.  Wyoming  not  only 
sent  her  apportionment  of  soldiers  to  the  war,  but  aggre- 
gated  four  and  one-half  times  her  proper  quota.     Gov- 


132  THK   <;OVEKNMKNT   i)V   WVOMING. 

crnor  Do  l-'orest  Richards,  in  si)caking  before  the  Legis- 
lature in  i(;oi,  of  their  courage  and  fortitude,  said:  "Too 
nuich  cannot  be  said  in  praise  of  the  men  of  the  State 
of  Wyoming,  who,  at  the  first  call  to  arms,  offered  them- 
selves as  champions  of  our  country's  cause."  ]"\)llc)w- 
ing  his  recommendation  suitable  medals  were  presented 
in  the  name  of  the  State  to  each  participant. 

Public  Buildings. — The  Constitution  located  several  of 
our  public  buildings  for  a  period  of  ten  years  at  least ; 
after  that  time  the  Legislature  might  make  provision 
for  a  re-location  by  popular  vote  of  the  people.  This 
vote  will  make  the  location  permanent  and  for  all  time. 
The  public  buildings  located  were  : 

The  Capitol  at  Cheyenne. 

The  State  University  at  Laramie. 

The  Insane  Asylum  at  Evanston. 

The  Penitentiary  at  Rawlins.  (Art.  VII,  Sec.  23.)^' 
The  charitable,  reformatory  and  penal  institutions  are 
under  the  supervision  and  control  of  the  State  Board  of 
Charities  and  Reform,  which  is  composed  of  the  Gover- 
nor, Secretary  of  State,  Treasurer,  Auditor  and  Super- 
intendent of  Public  Instruction.  (Art.  VII.,  Sec.  18,  R. 
S.,  Sec.  632.)  The  seat  of  government  or  the  capitol  is 
under  the  charge  of  the  capitol  building  commission,  con- 
sisting of  the  State  Auditor,  Engineer  and  Treasurer. 
(R.  S.,  Sec.  708.)  The  university  is  under  the  authority 
and  custody  of  the  Board  of  Trustees.  (R.  S.,  490,  Art. 
VII.,  Sec.  22.)     Other  State  buildings  have  been  erected 


*These  four  public  buildings  have  remained  in  the  location  indicated 
to  this  date  (1907).  At  the  general  election,  held  in  November,  1904, 
the  question  of  the  permanent  site  of  the  buildings  was  submitted 
to  the  qualified  electors  of  the  State.  The  law  says:  "Any  locality 
receiving  a  majority  of  the  votes  cast  for  any  building  shall  be  its  per- 
manent place."  (S.  L.  1901,  Ch.  26.)  Laramie,  Evanston  and  Rawlins 
each  received  a  majority  vote  for  its  respective  institution.  The  State 
Board  of  Canvassers  in  the  matter  of  the  location  of  the  capitol  re- 
ported: "The  Board  further  finds  and  declares  that  no  city,  town  or 
village  received  a  majority  of  the  votes  cast  at  the  election  on  the 
question  of  the  permanent  location  of  the  Seat  of  Government." 


TJIE  CONSTlTUTfON  OF  WY0MIN(5.  133 

and  put  into  operation  by  Legislative  action,  but  the 
four  mentioned  are  the  only  ones  enumerated  in  the 
Constitution,  and  for  which  Constitutional  provision  has 
been  made.''-  Article  XXI  of  the  Constitution  contains 
the  provisions  for  transferring  from  the  territorial  to 
State  organization,  making  all  territorial  State  property 
and  buildings  as  well  as  all  laws  and  obligations  of  the 
territory  to  pass  to  the  State. 

QUESTIONS. 

1.  What  relation  do  laii<l  and  water  bear  to  one  another  in 
the   arid   region  ? 

2.  How  many  acres  of  hind  lias  tlie  Federal  Government 
gra  n  t  e  d  Wy o  m  i  n  g  ? 

3.  State  the  lowest  priee  for  whicdi  land  can  be  sold.^  What 
is  the  object  in  placing  the  {)rice  so  high? 

4.  Who  owns  the  Indian  Reservations?  The  Yellowstone 
Park?  The  ground  the  Capitol  Building  stands  on  at  Cheyenne 
and  the  land  occupied  by  the  Federal  Buildings  in  the  State"? 

5.  What  is  Eminent  Domain? 

6.  Can  private  property  be  taken  for  private  use?     Why? 

7.  What  is  meant  by  the  term  "reclamation  of  arid  land"? 

8.  What  large  irrigation  enterprise  is  there  in  your  locality? 

9.  What  is  a  corporation?  A  trust?  A  franchise?  A  mo- 
nopoly?    A  municipal  corporation? 

10.  Is  there  a  municipal  corporation  in  the  place  where  you 
reside?     Who  controls  it? 

11.  Why  are  corporations  obliged  to  accept  the  Constitution 
before  they  can  transact  business  in  the  State? 

12.  Has  the  Governor  ever  had  to  call  out  the  State  militia? 
Why? 

13.  How  many  companies  of  tlie  National  Guard  are  there 
in   W^yoming? 

14.  State  some  good  reason  why  no  military  organization  can 
carry  any  National  flag  except  the  Stars  and  Stripes. 

1.5.  What  harm  could  result  from  having  children  and  women 
work  in  mines?     How  long  is  a  lawful  day's  work? 

16.     Where  are  the  Public  Buildings  of  the  State  located? 


*See   Part   III,    Chap.   XXll,   Appendix   B. 


i;u  rill'.  <i<>\'i:H.\Mi;x'i'  ov  Wyoming. 

17.  W'liat     is    the    meaning    of    tlic    word    cliaritHblc,    reforma- 
tory  and    penal    institutions? 

18.  When    did    Wyoming  beeome   a  State? 

REFERENCES. 

Act  of  admission  of  Wyoming  to  the  Union,  R.  S.  1899.  (Do- 
nations   of    Tjand.) 

Consult  Revised  Statutes  and  Session  laws  of  tiio  State.  Jour- 
nals and  Debates  of  the  Constitutional  Convention,  Wyoming 
(of  extreme  value). 

Schouler,   Constitutional   Studies,   Ch.   VIIT. 

Bryee,  The   American  Commonwealth,  I,  49,  678,   702. 

Forman,  Advanced  Civics,  Ch.   XLVIII. 

Ely,   Monopolies   and   Trusts. 

Hart,  Actual  Government,  Sees.  215-217  (Labor),  204-205  (Mili- 
tia), 209   (Corporations). 

Wilson,  The  State,  Sees.  1506-1509. 

Ashley,  The  American  Federal  State,  Ch.  XIX. 

Piske,  Civil  Government,  pp.   116-136. 

James  and  Sanford,  Government  in  State  and  Nation,  Ch.  XI. 


PART   III 

THE   ADMINISTRATION  OF 
AFFAIRS   IN   WYOMING 


CHAPTER  XVII. 

THE    ADMINISTEATION    OF   JUSTICE. 

Laws  are  a  dead  letter  without  courts  to  expound  and 
define  their  true  meaning  and  operation. — Alexander 
Hamilton. 

The  written  laws  of  the  State  are  the  Constitution  and 
the  Legislative  acts.  These  acts  comprise  the  statutes  of 
State.  The  judicial  department  applies  these  written 
laws  to  matters  in  controversy.  Questions  under  dis- 
pute, rather  than  to  be  settled  by  force  of  arms  or  by 
physical  strength  are  taken  into  courts,  where  each 
party  to  the  legal  contest  presents  his  arguments  as  to 
what  he  believes  to  be  his  personal  or  property  rights. 
The  judicial  department  then  decides  on  the  strength  of 
the  testimony  given  who  is  entitled  to  these  rights.  If 
all  were  equally  just  and  willing  to  acknowledge  that  our 
neighbor  had  precisely  as  many  rights  as  we  have,  then 
there  would  be  little  use  of  courts.  The  Judicial  De- 
partment is  the  parent,  deciding  the  difficulties  between 
contending  children,  who,  not  agreeing  among  them- 
selves, refer  the  matter  to  a  more  experienced  authority 
possessing  impartial  judgment.  Others  can  protect  our 
interests  better  than  we  can  ourselves.  The  strong  right 
arm  of  the  law  is  more  powerful  and  efifective  than  lire- 
arms.  Wrongs  are  more  lastingly  eradicated  by  justice 
than  hy  force.  While  the  judicial  decisions  are  not  really 
the  written  law  they  apply  to  the  case  and  hand  down 
the  law  in  the  form  of  decisions,  and  these  decisions  are 
accepted  as  law ;  inasmuch  as  they  are  the  legal  inter- 
pretation of  the  intent  of  the  law-makers. 

Judges  do  not  always  receive  the  same  light  upon  the 
same  points  of  law,  hence  make  different  interpretations, 
and  one  court  often  reverses  the  decisions  of  another 
court.     People's  ideas  change,  and  the  law  changes  with 


i;58  THK   CiOVERNMENT   OF  WYOMINC. 

llie  ideas  and  wishes.  This,  of  course,  is  accomplished 
through  the  acts  of  the  Legislature,  the  members  of  the 
Legislature  thus  expressing  the  wishes  of  the  people  who 
elected  them.  It  is  a  wrong  idea  to  think  that  the  gov- 
ernment was  made  for  its  own  sake  and  what  the  people 
created  for  its  own  use  is  but  a  place  for  office  seekers. 
The  Government  is  an  organization  for  the  purpose  of 
carrying  out  the  wishes  of  the  people.  The  original  ob- 
ject of  a  government  was  for  the  protection  of  the  people 
and  not  that  the  people  were  to  protect  the  Government. 
If  we  personally  had  to  defend  and  protect  each  of  our 
rights  most  of  our  time  would  be  so  occupied.  The  or- 
ganized government  does  the  work  for  us. 

Governmental  authority  can  serve  the  interests  of  each 
person  much  better  than  if  these  personal  matters  were 
all  settled  by  the  indiviudals  directly  interested.  Educa- 
tion, as  taught  through  our  public  school  system,  is  more 
uniform  and  better  results  are  obtained  than  if  each  fam- 
ily had  its  private  teacher.  The  care  of  the  insane  and 
control  of  unfortunate  children  have  more  careful  treat- 
ment insured  to  them  when  under  the  control  of  the  State. 
Marriage  and  divorce  laws  must  be  governed  by  a  uni- 
form regulation.  Railroads  must  be  governed  and  com- 
merce directed.  The  waters  of  the  State  must  be  care- 
fully utilized  and  election  frauds  prevented.  All  of  these 
necessary  departments  of  organization  cannot  be  best 
served  by  individual  eiTort.  It  requires  organized  efforts. 
The  law  states  what  the  rights  and  duties  of  the  citizens 
are  in  regard  to  these  common  interests,  and  when  a  duty 
is  forgotten  and  a  right  taken  away,  the  redress  is  in  our 
courts  of  Justice,  or  the  Judicial  Department  of  the  State. 
The  acts  of  these  departments  are  not  based  alone  on  the 
Constitution  and  the  statute  laws,  but  also  on  the  "com- 
mon law."  The  common  law  is  the  general  custom  which 
has  been  handed  down  by  tradition  and  is  that  part  of  our 
legal  code  which  came  to  us  from  Colonial  days  and  was 


THIO    ADMINrSTRATlON    OF    AFFAIRS.  i:;'.» 

derived  from  English  law.  This  law  embraces  certain 
principles  which  our  ancestors  brought  across  the  water 
with  them  as  birth  rights  and  which  are  the  basis  of  our 
Constitution.  This  common  law  is  often  called  the  un- 
written law  of  the  State.  One  of  the  early  laws  that  was 
made  by  the  first  Territorial  Legislature  in  October,  1869 
(S.  L.,  Ch.  15),  was  to  adopt  the  "common  law"  of  Eng- 
land as  it  existed  at  the  first  settlement  at  Jamestow-n, 
Virginia,  in  1607,*  as  part  of  our  statute  law.  This  act 
as  passed  in  our  first  Legislature  has  remained  un- 
changed as  it  now  appears  in  our  revised  statutes.  (Sec. 
2695.)  Our  common  law  is  the  common  law  of  England 
and  the  common  law  of  England  dates  back  to  the  time 
"that  the  mind  of  man  runneth  not  to  the  contrary."** 

All  of  our  rights  would  exist  if  we  did  not  have  courts, 
but  unless  there  was  some  power  to  insist  that  these 
rights  be  protected  and  to  punish  those  who  deprive  us 
of  them,  it  were  as  well  we  did  not  have  them.  The 
Legislative  acts  are  laws  in  general  affecting  all  the 
people  of  our  State.  Decisions  of  the  courts  apply  the 
law  to  some  special  case  or  right.  The  courts  never  state 
that  the  laws  have  been  violated,  and  they  never  inter- 
pret the  Constitution  or  give  a  decision  unless  some 
special  case  in  controversy  is  brought  before  them  for 
judgment. 

All  cities  with  more  than  four  thousand  inhabitants 
(called  first  class),  have  two  Justices  who  have  exclusive 
jurisdiction  over  cases  which  involve  offences  against  the 
ordinances  of  the  city  when  the  fine  to  be  imposed  does 
not  exceed  two  hundred  dollars,  or,  imprisonment  for 
three  months.  (R.  S.,  Sec.  1657.)  This  office  is  filled  by 
appointment  from  the  mayor  of  the  city.  Every  precinct 
in  each  country  has  a  Justice  of  the  Peace.     The  county 

*In  so  fai-  as  the  same  is  of  a  general  nature  and  not  local  to  Eng- 
lanrl. 

**Blackstone. 


140  THK   (lOVKRNMKxN'T   OF   WVOMIXO. 

coninussioners  decide  how  many  voting  precincts  there 
shall  be  over  which  a  Justice  of  the  Peace  shall  have 
jurisdiction.  (R.  S.,  Sec.  4316.)  These  Justices  have 
authority  in  their  precincts  over  all  civil  actions,  or  cases 
concerning"  the  rights  or  wrongs  of  indix'iduals,  where 
the  amount  in  dispute  does  not  exceed  two  hundred  dol- 
lars. (R.  S.,  Sec.  4323.)  The  next  higher  court  is  the 
District  Court,  of  which  there  arc  four  in  the  State.  (R. 
S.,  Sec.  3295.)  The  highest  and  last  court  in  the  State 
is  the  Supreme  Court,  consisting  of  three  judges.  The 
decisions  of  this  court  are  final  except  in  cases  wherein  a 
Federal  or  National  question  is  involved,  when  an  a])peal 
lies  to  the  United  States  Supreme  Court,  as  provided  in 
the  Constitution  of  the  United  States.  (U.  S.  Const., 
Art.  TIL,  Sec.  2.) 

A  wrong  is  a  violation  of  the  law.  The  courts  deter- 
mine if  the  law  has  been  violated  and  decide  what  the 
punishment  shall  be.  A  wrong  in  the  eyes  of  the  law 
is  either  civil  or  criminal.  When  a  suit  is  brought 
against  an  ofifender  for  the  protection  or  enforcement  of 
a  private  right,  it  is  a  civil  action.  If  a  wrong  had  been 
committed  which  affects  the  security  of  the  general  pub- 
lic it  is  a  criminal  case.  The  ])arty  who  received  the 
injury  is  called  the  plaintiff  and  the  one  who  does  the 
wrong  the  defendant.  In  a  civil  case  the  first  step  to  be 
taken  in  order  to  secure  justice  before  the  law  is  for  the 
plaintiff  to  file  a  complaint  or  information  before  the 
Justice  of  the  Peace  or  some  judicial  ofificer.  This  is  a 
written  statement  setting  forth  the  facts  as  to  what  has 
been  done  to  the  one  injured  and  asking  the  court  for 
damages  or  to  receive  a  judgment.  The  defendant  is 
summoned  to  appear  in  the  court  and  answer  the  charges. 
Plaintiff  and  defendant,  generally,  appear  with  their  at- 
torneys who  conduct  the  case  for  them.  In  civil  cases 
the  defendant  may  file  a  demurrer,  which  is  a  statement 
as  to  some  irregularity  of  the  law,  or  that  the  plaintiff 


Tin-:    ADMlMSTIfATION    OF    AFFAIRS.  141 

has  not  shown  sufficient  matter  against  him.  b'inally 
after  several  cross  and  counter  claims  made  by  each 
side,  both  parties  to  the  suit  settle  down  to  a  single, 
definite  point,  which  is  affirmed  by  the  plaintiff  and  de- 
nied bv  the  delendanl.  Tl: is  is  called  the  issue,  and  on 
this  the  case  is  tried  on  its  merits  before  the  court  au- 
thorities. While  the  case  is  tried  before  the  Judge  or 
Justice  who  acts  as  the  presiding  officer,  it  is  the  jury 
who  gi\cs  the  verdict  for  the  defendant  or  the  plaintiff. 
This  jury'-'  is  composed  of  six  men  in  courts  of  the  Jus- 
tices of  the  Peace,  and  twelve  men  in  the  District  Courts 
chosen  to  try  the  case.  Each  side  is  allowed  a  number  of 
challenges  of  the  jurors.  Either  side  may  believe  a  juror 
would  not  give  a  fair  or  impartial  decision  ;  that  he  was 
biased,  prejudiced  or  interested  in  the  case.  This  juror 
is  rejected  and  another  one  is  substituted,  until  the  num- 
ber of  challenges  of  each  side  is  exhausted.  In  criminal 
cases  the  law  presumes  that  the  defendant  is  innocent 
until  proven  guilty  beyond  a  reasonable  doubt;  but  in 
civil  cases  the  plaintiff  proxes  his  case  by  a  ])reponder- 
ance  or  weight  of  the  evidence  only.  Hence  the  burden 
of  the  proof  rests  on  the  plaintiff.  The  one  bringing  the 
suit  must  prove  that  the  alleged  wrong  was  really  com- 
mitted by  the  accused.  The  evidence  to  sustain  the  de- 
fendant's guilt  or  wrong  is  given  by  the  plaintiff  and  his 
witnesses.  The  defendant  answers  these  charges  and  in 
time  has  his  witnesses  to  support  his  statements.  After 
all  of  the  evidence  is  submitted  the  attorney  for  each 
side  argues  the  case  before  the  jur}^  that  the  evidence 
of  the  case  is  on  his  side  and  for  his  client,  and  he  is  en- 
titled tc  a  verdict  in  his  favor.  When  the  evidence  is  all 
in  and  the  arguments  of  the  counsel  have  been  made,  the 
judge  instructs  or  charges  the  jury  as  to  the  rules  of  law 


*The  jury  system  popularizes  the  court,  and  gives  the  people  to 
understand  that  they  have  not  only  an  interest,  but  also  a  part  in  the 
administration   of  justice." — Taft. 


142  THPJ   GOVERNMP]NT   OF   WVOMING. 

whicli  arc  lo  govern  them  in  arrixing  at  their  conclusion 
in  their  verdict.  The  judj^e  states  the  law  correctly, 
clearly  and  completely  so  that  the  jurors  may  properly 
apply  the  evidence  and  decide  in  accordance  with  the  law 
the  points  that  are  at  issue.  In  secret  the  jury  delib- 
erates. When  they  come  to  an  unanimous  conclusion 
they  return  to  the  court  room  and  give  their  written 
decision.  This  is  the  verdict.  Sometimes  the  jury  can- 
not agree  and  no  verdict  can  then  be  given.  When  this 
is  the  case  the  jury  is  discharged  by  the  court  and  a  new 
trial  can  be  called  before  a  new  jury.  Following  the 
verdict  comes  the  judgment  of  the  court,  which  is  a  sen- 
tence of  the  law.  If  it  is  a  case  that  cannot  be  appealed 
to  a  higher  court,  and  if  no  appeal  is  taken  the  judgment 
is  executed  by  the  sheriff  or  other  officer  carrying  out  the 
decision  of  the  court.  If  the  execution  is  against  the 
body  of  the  accused  he  is  placed  in  prison,  if  it  is  against 
his  personal  property,  he  must  compensate  the  party 
winning  the  suit  for  the  injury  given.  When  an  injury 
is  done  to  some  one  which  not  only  injures  him  but  in- 
jures the  community,  in  which  the  wrong  was  com- 
mitted, it  is  no  longer  called  a  wrong,  but  a  crime,  and 
is  a  deed  which  the  public  punishes  in  its  own  name. 
Private  wrongs  are  prosecuted  by  the  person  injured ; 
public  wrongs  are  prosecuted  by  the  State ;  (the  term 
"State"  is  used  to  mean  "organized  society  acting  through 
government.") 

A  crime  is  an  act  which  violates  some  law  that  affects 
the  public  and  can  be  punished  by  the  State  which  prose- 
cutes the  offender  in  its  own  name.  Crimes  in  this  State 
are  divided  into  two  classes  :  felonies  and  misdemeanors. 

Felonies  are  those  offenses  which  are  i)unished  by 
death  or  imprisonment  in  the  penitentiary  :  misdemeanors 
are  all  other  oft'enses.  (R.  S.,  Sec.  5 191.)  ^Misdemeanors 
are  punished  by  fines  or  imprisonment  in  the  county  jail 
or  both. 


THE    ADMINISTKATJON    OF    AFFAIRS.  14:5 

The  first  step  in  a  criminal  action  is  tlic  arrest  of  the 
person  believed  to  be  guilty  of  the  crime.  This  is  done 
by  an  officer  of '  the  law,  who  must  have  a  written  war- 
rant from  the  court  stating  the  name  of  the  offender  and 
the  name  of  the  crime  which  he  is  accused  of  having 
committed.  One  committing  a  crime  in  the  presence 
of  an  officer  can  be  arrested  without  a  warrant.  If  an 
ofifender  escapes  to  another  State,  the  Governor  of  the 
State  in  which  the  crime  was  committed  issues  a  requisi- 
tion on  the  Governor  of  the  State  where  the  offender  has 
gone,  asking  that  he  be  surrendered  or  given  over  to  the 
proper  authorities.  The  offender  is  called  the  principal 
and  those  assisting  him  before  or  after  the  crime  are 
accessories  and  are  liable  to  punishment.  If  the  offense 
committed  is  a  minor  one  the  ofifender  is  tried  at  once 
before  the  proper  courts  in  the  county  in  which  the  crime 
was  committed  and  the  fine  or  imprisonment  is  made  by 
the  court  having  jurisdiction  over  the  case.  If  it  is  an 
offense  of  greater  importance  the  arrested  person  is  given 
a  hearing  or  examination  before  the  Judge  or  Justice  of 
the  Peace,  called  a  preliminary  hearing,  when  witnesses 
are  heard  upon  the  charge  or  complaint  unless  the  ac- 
cused waives  the  examination.  If  there  is  not  sufficient 
evidence  to  justify  a  criminal  charge  the  prisoner  is  dis- 
charged. If  there  is  sufficient  evidence  against  him  he 
is  placed  in  the  jail  aw-aiting  his  trial,  or  given  his  liberty 
on  bail,  that  is,  some  person  guarantees  a  certain  sum 
of  money  demanded  by  the  court  that  the  ofifender  will 
appear  in  person  in  the  court  wdien  the  trial  is  to  take 
place.  Should  the  ofifender  fail  to  appear  and  cannot  be 
found,  the  amount  of  money  guaranteed  must  be  paid 
the  State  by  those  who  pledged  the  amount.  Excessive 
bail,  in  order  to  keep  the  prisoner  in  jail,  cannot  be  re- 
quired. (Const..  Art.  r.  Sec.  14.)  In  capital  crime, 
which  is  punishable  by  death,  bail  cannot  be  given  when 
the   proof  is  evident   or  the   presumption   great.     Everv 


U4  Till';   (^lOVERNMENT   OF   WYOMINCi. 

prisoner  who  may  think  that  he  is  illegally  held  has  the 
right  of  "habeas  coii^us,"  which  permits  him  to  have  the 
legality  of  his  imprisonment  determined.  (Const.,  Art.  i. 
Sec.  17.)  -Ml  crimes,  misdemeanors  or  oltences  in  this 
State  are  ])rosecuted  either  on  an  indictment  or  on  in- 
formation. (R.  S.  Sec.  5189.)  Indictments  come  from 
accusations  by  the  grand  jury  and  information  comes 
from  the  prosecuting  attorney  or  the  attorney  who  is  act- 
ing for  the  legal  district  in  which  the  crime  was  com- 
mitted. The  accused  is  brought  before  the  court  and  the 
crime  of  which  he  is  accused  is  read  to  him.  He  then 
enters  a  plea  of  guilty  or  not  guilty.  If  he  pleads  guilty 
he  is  usually  sentenced  for  the  oiTense  without  further 
action  of  law.  If  he  pleads  not  guilty  he  is  tried  before 
a  jury.  If  the  prisoner  is  not  able  to  pay  an  attorney 
to  defend  him,  then  the  State  grants  him  one  at  the  ex- 
pense of  the  county.  The  State  has  to  prove  that  the 
prisoner  is  guilty  beyond  a  reasonable  doubt.  The  trial 
proceeds  much  the  same  as  in  civil  cases.  If  the  arrested 
party  is  pronounced  not  guilty  by  the  jury  he  can  never 
be  tried  again  for  the  supposed  offense.  (Dec.  R.,  Sec. 
II.)  If  he  is  pronounced  guilty  he  has  an  opportunity, 
through  his  attorney,  to  make  a  motion  for  a  new  trial 
on  the  ground  of  some  supposed  irregularity  in  the  law. 
If  the  court  refuses  to  grant  a  new  trial  the  judge  pro- 
nounces the  sentence  or  punishment  which  he  believes  the 
law  requires.  The  law  in  most  cases  gives  the  judge 
some  discretion  as  to  the  exact  punishment  to  be  given. 
There  is  a  maximum  and  a  minimum  punishment.  It 
may  be  from  five  to  twenty-five  years,  or  five  hundred  to 
a  thousand  dollars,  or  it  may  be  both  imprisonment  and 
fine.  The  Judge  can  decide  whether  the  punishment  will 
be  the  "utmost  limit  of  the  law,"  and  he  may  exercise  his 
judgment  and  give  a  light  punishment,  the  lowest  fixed 
by  law. 


THK    Al)^[I\IS'ri{.\'ri().\    OF    AFFAIRS.  ]4.") 

There  is  one  more  chance  for  the  accused  in  that  he 
may  ajipeal  to  the  his/her  conrt  on  an  error  in  the  proceed- 
ings, which  is  an  asking  on  appeal  for  an  examination  In' 
the  higher  court  of  the  proceedings  in  the  case  which  he 
believes  contain  some  irregularity  and  illegality  of  the 
law.  The  higher  court,  if  the  case  is  allowed  to  go  there, 
reviews  the  case  and  either  affirms  or  reverses  the  de- 
cisions of  the  lower  court.  Tlie  decision  or  judgment  of 
the  lower  court,  if  affirmed,  is  put  into  execution  and  the 
offender  pays  the  i^enalty  as  prescribed  by  law,  and  if 
reversed,  the  defendant  is  granted  a  new  trial.  Often 
the  prisoner  is  tried  in  another  county  than  the  one.  in 
which  the  crime  was  committed,  obtaining  a  change  oi 
venue  or  place  of  trial,  Ijecause  he  l^elieves,  and  so  con- 
vinces the  court  by  proof,  that  he  cannot  obtain  a  fair  trial 
in  the  county  where  the  offense  was  supposed  to  have 
been  committed. 

.  The  people  elect  the  judge  to  decide  the  points  of  law 
and  to  administer  justice,  yet  the  jury  system  gives  to  the 
people  much  authority  in  the  judicial  department.  A 
trial  by  jury  can  be  waived  by  consent  of  both  parties  to 
the  legal  contest  in  civil  cases.  (R.  S.,  Sec.  3659.)  The 
Legislature  can  never  deprive  the  citizens  of  the  State 
of  this  inherent  right  of  jury  trial.  It  is  a  Constitutional 
provision.      (Dec.  R..  Sec.  9.) 

The  necessity  for  good  government  and  wise  and  care- 
ful administration  of  the  laws  as  given  to  us  by  our 
Judges  must  not  be  overlooked.  The  Constitutional  re- 
quirements for  a  Judgeship  are  safeguards.  The  selec- 
tion of  the  individuals  rests  with  the  people.  Wyoming 
has  been  singularly  fortunate  in  the  selection  of  her  in- 
terpreters of  the  laws.  Lynch  law,  force  and  violence 
are  resorted  to  v%rhen  a  fear  has  grounded  itself  in  the 
minds   of   the    people    that   justice    will    not    be    speedily 


1 46  'I'  III-;   .  i  C)  V  K  K  X  M  !■:  N  'P   OF   \V  Y  O.M  TNG. 

given   to   the   offenders;   that   technicalities   will   exempt 
llie  oiTendcrs  and  the  real  law  will  net  ])nnish.* 

The  law  can  be  no  better  than  a  connnnnity.  It  the 
l)eople  of  the  State  did  not  desire  law  and  (jrder  our  Stat- 
ute books  might  be  filled  with  ideal  laws,  but  they  would 
be  of  no  avail  without  the  endorsement  of  the  people. 
The  people  elect  all  the  officers  of  the  law,  and  these  offi- 
cers, with  their  official  acts,  are  an  expression  of  what  is 
desired  by  those  who  put  them  into  office.  Law-abiding 
people  make  law-abiding  officers.  A  knowledge  of  what 
the  law  recpiires  is  the  duty  of  each  citizen  in  order  to 
make  obedience  of  the  law  possible. 

QUESTIONS. 

1.  Who  arc  the  ineinbers  of  the  Hu|)reine  (!ourt?  ^Vho  is 
Chief  Justice?     How   did  he  acquire  his  title? 

2.  Would  it  be  better  to  have  the  Judges  apj^ointed  rather 
than    elected?     Why? 

3.  Who  are  the  District  Judges?  What  is  their  term  of  office? 
Name  the  District  Judges.      Wliich  one  ])resides  over  your  district? 

4.  What  safeguards  are  there  in  the  State  Constitution  for 
the   rights   of   the   accused  jierson? 

o.  How  is  the  petit  jury  chosen?     May  women  serve  as  jurors? 

6.  Are   there  any  women  Justices  of  the   Peace  in  this   State? 

7.  Has  the  grand  jury  ever  been  called  in  your  county?      Why? 

8.  What  is  a  civil  case?     A  criminal  case? 

9.  Why  does  the  State  act  as  plaiatiff  in  criminal  eases? 

10.  What  does  the  term  "law-abiding  citizen"  mean?  How 
can   th(>y   help   in   promoting  good   government  ? 


*We  have  two  cases  of  recent  date  ha  our  district  courts  where  with- 
hi  seventeen  liours  from  the  time  the  crime  was  committed  the  crim- 
inal liad  hi.s  trial,  received  sentence  and  was  on  his  way  to  the  peni- 
tentiary. In  anotlier  case,  forty-eight  hours  only  were  allowed  to 
elapse  between  the  crime  and  a  commencement  of  a  fourteen  years' 
sentence   in    the   penitentiary. 


THE    ADJMLNKSTHATiO.N     OF    AKFAIKW.  U7 

REFERENCES. 

W'j'omiiig,    .louriial    uiul    Dcbati's    of    tlic    Constitutional    Conven- 
tion, pp.  ;530,  .338,  478,  495,  514.  53;*.. 

Blackstone,  Abridged  Commentaries. 

FoHttr,  Pirst  Book  of  Practice. 

Wyoming,    Revised    Statutes,    1899,    Court    oi'    .Justice    and    Civil 
Procedure,  Sees.  3280-3987. 

Morcy,  The  Government  of  New  York,  Ch.   VI 11. 

.Tames    and    Sanford,    Government    in    the    State    and     Nation, 
Ch.   VII. 

MacDonald,  The  Government   of  Alaine,  Ch.   VII. 

Kellogg    and    Taylor,    The    Government    of    the    State    and    Na- 
tion, Ch.  XIT. 

Hinsdale,   The    American    Government,    pp.    301-322. 

Robinson,   Elementary   Law. 

Visit  a  court  when  a  trial  is  in  progress. 

Smith,  Training  for  Citizenship,  Ch.  XV  and  XVI. 

McClain,  Constitutional  Law  in  U.  S.,  Ch.  XLII  and  XLIII. 

Fairlie,    Local    Government    in    Counties,    Towns    and    Villages, 
Ch.   VI. 


("IIAI'TER  XVI 1 1. 


Elections. 


The  people  of  \\  yoniing  are  the  State  and  control  it. 
They  have  made  it  what  it  is.  They  chose  those  who  fill 
the  offices  of  government.  The  kind  of  government  given 
the  State  depends  on  the  people  who  made  the  choice.  If 
the  selection  is  left  to  a  few,  then  a  few  govern.  At  the 
polls  there  is  ab.solnte  equality.  The  vote  of  the  highest 
official  in  the  State  has  no  njore  force,  power  or  authority 
than  one  cast  by  the  humblest  laborer.  This  is  all  that 
is  meant  when  we  say  the  will  of  the  people  is  expressed 
in  the  ballot-box.  If  you  fail  to  do  your  part  in  the  gov- 
ernment of  affairs,  some  one  else  will  do  it  for  you.  It  is 
useless  to  enter  a  tirade  against  the  politician  after  elec- 
tion. Reforms  can  never  be  accomplished  through  this 
method.  The  backbone  of  good  government  is  the  in- 
terest that  the  respectable  and  intelligent  voter  takes  in 
the  nomination  of  candidates.  This  can  only  be  accom- 
plished by  attending  the  first  meetings  o£  the  political 
part)-^  called  to  take  steps  toward  an  election.  The  mis- 
sionar}-"  work  in  politics  must  commence  at  the  caucus  or 
primary.'^''  These  primary  elections  resemble  the  town 
meeting",  where  all  of  the  legal  voters  may  be  represented 
in  person  and  have  a  voice.  It  is  the  only  political  meet- 
ing where  all  have  a  personal  representation  and  where 
all  can  take  part  and  exercise  direct  influence.  When  this 
meeting  is  ended  the  management  of  the  election  is  in  the 
hands  of  the  committees  and  delegates   chosen   by  the 


*The  term  caucus  and  primary  ai-e  often  used  as  meaning  tlie 
same  kind  of  a  gathering.  A  technical  difference  in  tlie  application  of 
tlie  words  would  be  to  call  a  causus  the  informal  meeting  of  the  party 
leaders  of  any  one  locality  for  the  {)urpose  of  determining  upon  some 
delinite  plan  of  action  to  be  taken  at  the  primaries.  Primaries  are 
where  all  people  entitled  to  vote  may  have  a  direct  voice  in  the  man- 
agement of  their  party's  affairs  and  is  the  formal  gathering  for  a 
stated   purpose. 


Till-:    ADMIXISTKATION     OK    AKKAIHS.  l-l<) 

caucus,  or  prinuu  y.  l^olitical  machines  are  a  good  thing, 
if  managed  by  a  proper  class  of  men.  They  are  equally 
demoralizing  when  controlled  by  corrupt  politicians.  A 
political  boss  is  a  political  leader  acting  through  strong 
organization  and  controlling  the  machinery  of  thf  gov- 
ernment, lie  controls  the  nomination  of  candidates. for 
office  and  dictates  who  shall  fill  the  appointive  offices. 
Nothing  prevents  him  and  his  followers  from  being  pres- 
ent at  the  i^rimaries.  If  the  reformer  would  commence 
as  early  as  his  opponent  in  his  organization  for  reform, 
the  chances  of  success  w(-iuld  be  more  than  doubled. 
Complete  and  systematic  organization  is  necessary  for 
party  success.  Party  action  is  also  a  necessity.  It  not 
i)nl3'  enables  the  politicians  to  formulate  a  definite  policy 
which  is  to  aj^peal  to  the  voters,  but  acts  in  addition  as  a 
check  on  the  similar  organizations  and  detects  irregulari- 
ties and  frauds. 

The  two  reforms  which  insure  an  honest  expression  of 
the  wishes  of  the  people  at  the  polls  are  tlie  system  of 
registration  and  the  Australian  ballot  system.  Registra 
tion  pre\'eiits  illegal  voting.  All  persons  who  claim  they 
have  a  right  to  vote  at  a  coming  election  must  register 
their  names  and  addresses  before  a  board  appointed  by 
the  County  Commissioners  of  the  district  in  which  they 
expect  to  vote.  An  alphabetical  list  is  made  of  all  of 
these  persons  registered,  and  in  large  precincts  is  posted 
publicly  where  it  may  receive  inspection.  This  list  is 
carefully  examined  by  the  leaders  of  both  parties  and 
plenty  of  time  is  given  to  check  on  the  list  and  see  if  only 
those  who  are  entitled  to  vote  are  registered.  (R.  S., 
Sees.  249-259.)  This  method  prevents  the  same  person 
from  voting  more  than  once,  as  he  can  only  vote  in  the 
precinct  where  he  is  registered  and  when  he  has  voted 
his  name  is  checked  on  the  list  by  the  election  officers. 

The  Australian  ballot  system  is  used  in  every  State  ex- 
cept five.     This  is  called  the  secret  ballot,  and  originated 


l.->()  'I'ili-;   COVKirNMKNT   OF    WYOMING. 

in  Australia  in  1S37.  NtU  only  may  the  votini^  be  secret, 
but  it  must  be.  Secrecy  is  compulsory,  and  any  one 
slunving'  his  ballot  after  it  is  marked  and  before  handinj;' 
it  to  one  of  the  judges  of  election  is  subject  to  imprison- 
ment of  six  montb.s  in  jail,  or  a  fine  of  not  exceeding  five 
hur.dred  dollars  or  botli.  (R.  S.,  Sec.  318,  divs.  15  and 
22.)  All  the  States  do  not  have  the  same  requirements 
for  the  qualification  of  voters.  Only  five  of  the  States  re- 
qttire  property  cpialifications.  Connecticut,  Massachu- 
setts, Maine,  Wyoming".  Delaware  and  California  require 
educational  qualifications.  The  four  States  in  the  South, 
Mississippi,  Ala])ama,  South  Carolina  and  Virginia,  re- 
quire the  voter  to  read  or  understand  any  special  section 
of  the  Constitution.  Some  States  require  a  poll  tax, 
\Vyoming  does  not.  (R.  S.,  Sec.  387.)  Utah  and  Idaho 
make  religious  (uialifications.  T'olygamy,  which  is 
claimed  to  be  a  part  of  religion,  is  prohibited  in  these 
State  Constitutions.  Every  State  makes  residence  in 
the  State  one  of  the  requirements  necessar}^  for  voting. 
Most  of  the  States  require  residence  of  one  year.  Wyo- 
ming grants  the  right  of  suffrage  to  every  citizen  over 
twenty-one  years  of  age  who  has  been  an  actual  resident 
of  the  State  for  one  year  and  has  lived  in  the  county  in 
which  he  wishes  to  \'ote  at  least  sixty  days  just  prior  to 
the  election  and  who  is  able  to  read  the  Constitution  of 
the  State.  (R.  S.,  Sec.  203.)  The  exceptions  to  this 
privilege  are  those  who  are  of  unsound  mind,  those  who 
have  been  convicted  of  any  felony  and  to  whom  the  civil 
rights  have  not  been  restored  by  pardon,  and  also  those 
who  have  made  or  become  interested  in  any  bet  depend- 
ing upon  the  results  of  the  election.  (R.  S.,  Sec.  379.) 
Hence  the  election  franchise  is  denied  to  minors,  insane, 
criminals,  illiterate  and  non-residents.  Wyoming,  Colo- 
rado, Idaho  and  Utah  grant  women  the  right  of  suffrage. 
W^ashington  as  a  territory  granted  this  right,  but  it  was 
not  included  in  the  State  Constitution.     Colorado  did  not. 


TilE    ADMINISTRATION    OF    AFi<\\lKS.  151 

liave  universal  suffrat^^e  in  her  first  Constitution;  it  was 
adopted  as  an  amendment.  In  Kansas  the  women  have 
municipal  suffrage.  Iowa  and  ^Montana  allow  the  women 
to  vote  on  financial  questions,  and  many  States  grant 
e(|ual  suffrage  on  educational  (|uestions.  The  first  stej) 
toward  an  election  is  the  call  for  a  primary*  or  first  meet- 
ing of  those  who  are  interested  in  the  success  of  a  special 
l)olitical  party.  This  call  is  printed  in  the  papers  and 
signed  by  the  officers  of  the  political  organization  calling 
the  meeting.  At  this  meeting  delegates  are  elected  to 
attend  a  convention  where  nominations  are  made  for  the 
of^ccs  to  be  filled.  If  the  election  is  to  be  for  State  oflfi- 
cers,  the  convention  contains  delegates  from  all  the  coun- 
ties of  the  State.  If  the  nominations  are  for  count}- 
offices  the  delegates  meet  in  a  county  convention,  and  if 
the  election  is  for  city  offices  the  several  wards  are  repre- 
sented by  delegates  in  city  convention.  All  of  these 
nominations  are  made  some  time  before  the  time  of  elec- 
tion of  those  who  are  to  fill  the  positions.  At  these  con- 
ventions, particularly  State  conventions,  the  delegates 
put  in  written  form  for  publication  a  statement  of  what 
the  politics  of  the  party  they  represent  stand  for;  setting 
forth  its  doctrines  and  making  pledges  to  the  people  of 
the  State,  if  the  ticket  containing  their  candidates  is 
elected.  This  statement  is  called  the  platform  of  tb.c 
party.  The  campaign  is  usually  made  on  the  issues  as 
stated  in  the  platform.  The  interval  between  the  time  of 
the  nominations  and  the  elections  gives  the  opposing  par- 
ties opportunity  to  appeal  to  the  voter  for  his  support. 
Not  only  are  speeches  made  by  the  politicians,  but  litera- 
ture is  widely  distributed  containing  arguments  which 
are  used  to  convince  the  public  of  the  importance  of  the 
success  of  the  party  soliciting  the  votes.  The  County 
Commissioners  appoint  two  registration  agents  for  each 


•See   p.    148,    footnote. 


l.-)L'  THE   GOVERNMENT   OF  WYOMING. 

elective  district  in  which  prior  rej^istration  is  required. 
Registration  is  recjuircd  in  all  towns  incorporated,  and  in 
elective  districts  located  on  a  line  of  railway  where  at 
least  one  hundred  votes  were  cast  at  the  last  election. 
(R.  S..  Sec.  249.)  The  other  localities  must  register  their 
votes  on  election  da}'  when  application  is  made  to  vote. 
(Sec.  274.)  If  a  N'oter  who  is  required  to  register  was 
detained  l)y  sickness  or  otherwise  i)revcnted  from  regis- 
tering at  the  proper  time  before  the  election  he  is  allowed 
to  vote  upon  filing  an  affidavit  with  the  judges  of  elec- 
tion, supported  by  two  witnesses,  that  he  was  unable  to 
register  as  required  by  law.  (Sec.  2^2^.)  If  a  qualified 
voter  at  a  general  election  is  unavoidably  absent  from 
his  county  or  precinct  lie  may  cast  his  ])allot  in  such  pre- 
cinct where  he  may  temporaril}^  be  for  County,  District 
or  State  officers,  members  of  Congress  and  Presidential 
Electors.  He  must  have  previously  registered  in  his 
home  precinct.  (S.  L.  1905,  Ch.  88.)  A  printed  list  is 
made  of  all  the  regularly  registered  voters  and  posted 
for  inspection  and  correction.  This  list  is  kept  In'  the 
judges  of  election  and  from  this  they  judge  whether  the 
applicants  to  vote  are  legally  entitled  to  that  right.  Each 
precinct  has  a  place  where  all  of  the  residents  of  that 
locality  vote.  This  is  called  the  polling  place  or  election 
booths.  There  are  as  many  of  these  places  as  are  neces- 
sary and  convenient  for  the  voters.  At  this  place  are 
three  judges  who  are  appointed  by  the  County  Commis- 
sioners, not  more  than  two  of  w'hom  can  be  of  the  same 
political  party.  These  judges  select  two  clerks,  who 
assist  them  during  the  election  and  in  the  counting  of 
the  ballots.  Election  officers  have  much  to  do  with  the 
successful  independent  voting,  and  their  integrity  and 
honesty  should  be  above  suspicion.  Candidates  may  be 
nominated  for  office  outside  of  the  conventions.  This 
method  recpiires  the  signatures  of  at  least  100  voters  if 
the  office  which  the  candidates  seek  is  to  be  filled  bv  the 


TIIH;    AIJML\ISTi:ATi().\     OF    AFFAIRS.  lo.', 

entire  vote  of  the  State,  or  by  twenty-five  when  it  is  a 
count}^  ofiice.  All  nominations  made  for  office  for  pro- 
posed constitutional  amendments  and  (luestions  sub- 
mitted to  popular  vote  must  be  certified  to  by  the  officer^ 
of  the  conventions  and  filed  with  the  proper  authorities: 
nominations  for  State  offices  must  be  filed  with  the 
Secretary  of  State,  and  for  county  offices,  includinj^  men--- 
bers  of  the  Legislature,  with  the  county  clerks. 

The  general  election  in  the  State  is  held  on  the  Tuesday 
after  the  first  Monday  in  November  in  the  even  numbered 
vears.  Every  four  years  after  1900  at  the  general  elec- 
tion there  will  be  elected  the  presidential  electors  to 
wdiich  the  State^may  be  entitled.  (Sec.  196.)  The  State 
officers,  including  the  Governor,  Secretary  of  State.  \\\- 
ditor,  Treasurer,  State  Superintendent  of  Public  In>i.ruc- 
tion.  are  elected  every  four  years  after  the  year  nine- 
teen hundred  and  two.  If  a  vacancy  occurs  in  any  State 
office  within  two  years  after  the  office  was  filled,  an  elec- 
tion takes  place  to  fill  the  office  at  the  time  of  the  general 
election,  held  when  the  Presidential  electors  are  elected. 
(Sec.  195.)  Justices  of  the  Supreme  Court  and  District 
Judges  are  elected  at  either  general  election  which  pre- 
cedes the  expiration  of  their  respective  terms.  ( Sees. 
200,  201.)  At  each  general  election,  every  two  years,  the 
following  county  and  precinct  officers  are  elected  by  the 
votes  in  their  respective  counties  and  precincts :  The 
Clerk,  Commissioners.  Surveyor,  Sherifif..  Treasurer, 
Prosecuting  Attorney,  Superintendent  of  Schools,  Coro- 
ner, and  in  counties  of  the  first  class  Clerks  of  the  Dis- 
trict Court.  Justices  of  the  Peace,  and  Constables.  (Sec. 
202.)  There  are  also  elected  at  each  general  election  a 
Representative  to  Congress  and  members  of  our  State 
Legislature  from  each  county.  CSec.  195.)  In  some  of 
the  cities  of  the  State  which  were  incorporated  under  a 
special  charter,  the  election  of  Mayor  and  Councilmen 
takes  place  at  the  same  time  as  the  general  election.    The 


|.-i4  THIO  (iOVKHNMKNT   OF   WYOMING. 

term  of  the  Mayor  and  Councilnicn  is  for  two  years,  hence 
the  municipal  election  is  held  at  every  general  election. 
There  are  thus  elections  when  the  electors  of  the  State 
vote  for  national,  State,  county  and  municipal  candidates. 
On  election  day,  when  the  voter  presents  himself  at  the 
])ollinia:  place  in  his  ])recinct,  he  is  given  an  of^cial  ballot 
printed  on  white  paper.  This  is  handed  to  him  by  one 
of  the  judges  of  election,  the  official  stamp  appearing  on 
the  back  of  the  ballot.  This  ballot  is  taken  to  the  booth 
or  stall :  there  the  voter  designates  on  the  ballot  by  a 
cross  (X)  the  candidates  he  wishes  to  be  elected.  These 
ballots  contain  a  list  of  all  of  the  nominated  candidates 
for  all  of  the  offices  and  also  the  propose4  Constitutional 
amendments  or  public  questions.  All  of  the  political 
parties  casting  lo  per  cent  of  the  votes  in  the  State  at 
either  of  the  last  two  general  elections  are  entitled  to  a 
separate  column  on  this  ballot  in  which  to  place  their 
party  nominations.  The  columns  are  headed  with  the 
])arty  name,  as  "Republican"  or  "Democrat."  If  one 
wishes  to  vote  a  straight  party  ticket  he  places  his  "cross 
mark"  or  an  X  in  a  small  square  below  the  party  name  at 
the  head  of  the  ticket.  If  he  wishes  to  vote  for  his  party 
ticket,  with  a  few  exceptions,  he  places  the  cross  as  before 
and  erases  the  name  of  each  candidate  for  whom  he  does 
not  wish  to  vote.  If  he  desires  to  vote  for  candidates  of 
some  other  party  for  these  offices  so  erased,  he  places  a 
cross  to  the  right  of  the  names  in  the  other  column,  or 
other  political  party.  This  is  called  a  "scratched  ticket." 
If  he  wishes  to  vote  for  some  one  not  named  by  any  of 
the  parties,  he  may  place  in  waiting  for  the  name  he 
erases  another  name.  There  is  nothing  to  prevent  a 
voter  from  writing  on  his  ballot  the  name  of  any  person 
for  whom  he  desires  to  vote  for  any  office.  (Sec.  289, 
Div.  10,  Sec.  321.)  Xo  one  is  permitted  to  assist  the 
voter  in  preparing  his  ballot,  unless  physically  unable  to 
write.     In  that  case  two  of  the  election  judges  ma)'  do 


THK    AI):\r[NISTlx'ATI().\    Ol'    AKI-'AIHS.  ir,o 

the  marking-  in  accordance  with  the  voter's  direction. 
(Sec.  328.)  The  Constitntional  amendments  are  voted 
upon  by  the  words  "yes"  or  "no"  being  placed  after  the 
proposed  amendment.  The  elector  may  take  a  sample 
ballot  into  the  voting  booth  with  him  to  assist  him  in 
marking  his  ballot,  but  the  same  must  be  marked  "sample 
ballot"  and  be  prmted  on  red,  yellow  or  blue  ])aper. 
(R.  S.,  Sec.  338.) 

The  elector  folds  his  ballot  so  that  the  stamp  of  the 
judge  which  was  placed  on  the  back  can  be  seen  by  the 
judges  when  it  is  placed  in  the  locked  ballot-box.  (S.  L. 
1907,  Ch.  54.)  Thus  the  ballot  is  cast  and  the  vote  has 
been  made.  This  is  the  Australian  ballot  system.  No 
one  can  dictate  how  the  ballot  shall  be  marked  and  know 
that  his  dictations  are  carried  out.  No  one  can  buy  a 
>ote  and  be  sure  that  the  elector  voted  as  he  promised. 
Without  this  system  ballots  could  be  prepared  by  men 
who  are  interested  in  the  election  of  certain  individuals 
and  placed  in  the  hands  of  the  electors,  to  be  dro])ped  in 
the  ballot-box  without  the  slightest  knowledge  on  the 
part  of  the  voter  for  whom  the  votes  were  being  cast. 
The  secret  ballot  system  robs  the  political  machinery  of 
its  monopoly  and  avoids  the  dictation  of  the  employer  to 
the  employed.  With  the  Australian  system  every  candi- 
date has  an  equal  chance,  coercion  ceases  and  the  ballot 
is  in  reality  a  "free  and  honest  expression  of  the  convic- 
tions of  every  citizen." 

QUESTIONS. 

1.  What    is    the    Australian    Ballot    system?     What    are    its    ad- 
vantages? 

2.  Is  fraud  prevented  by  registration? 

3.  What  are  the  qualifications  for  an  elector? 

4.  What  is  a  primary?     A  State  convention? 
;■).     What  is  a  ballot. 

(5.     Were    any    State    elections    ever    held    by    voting    by    voice 
rather  than  by  ballot  ? 


!,-)()  ' r  1 1  !•;  ( i () V  i<; li x m  k x t  c > i'^  \v  v ( ) m  i  n ( ; . 

7.      VVliJit    is    the    object    in    luiviiig   the   oOicial    buliot   white    and 
tlie  sample   ballots   colored? 

S.     iVla}^  an   election  bo  ludd    in   a   saloon? 

9.  Define  a  general  election. 

10.  What  are  the  duties  of  a.  Presidential  elector?     How  many 
times  have  they  been  elected  in   this  State? 

n.      Who    votes    for    State    officers?     For    County    officers?     For 
members  of  the  Legislature? 

12.  Give  a  list  of  County  officers  and    luunc   those  who  occupy 
tiie  jjositions  in  your  county. 

13.  What  is  the  difference  between  a  majority  and  a   jilurality? 

14.  Does    a    government    of    the    minority    exist    in    the    State? 
Why  ? 

15.  Ts    an    educational    qualification     for    voters    better    than    a 
property  one? 

16.  State  a  reason  why  aliens  should  not  vote? 

REFERENCES. 

Wyoming  Eevised  Statutes,  1899,  Sees.  165-169,   1 95-420. 

Hinsdale,  The  American  Government,  Ch.  LIV. 

Hart,  Actual   Government,   Ch.  IV. 

Ashley,   The   American  Federal   State,   Ch.  XXII. 

MacUonald,   The   Government  of  Maine,   Ch.   VI. 

Morey,   The   Government   of   New   York,   Ch.   V. 

Kellogg  and  Taylor,  The   Government  of  the  State  and  Nation, 

Ch.  XIII. 
James  and  Sanford,  Government  in  State  and  Nation,  Ch.  V. 
Hart,  Practical  Essays  on  American  Government,   Ch.  II. 
Bluntsehli,  The  Theory  of  the  State,  Ch.  XXII. 
Bryce,  The   American  Commonwealth,  Vol.  II,   Ch.  LIII. 
Wilson,  The   State,   Sees.   1121,   1143,  1144. 
Smith,  Training  for  Citizenship,  Ch.  X,  XXI,  XXII. 
McClain,  Constitutional  Law  in  U.   S.,  p.   284-287. 
Moses,  Government  of  the   U.  S.,  p.  332. 
Fornian,  Advanced  Civics,  Ch.  XXX  and  XLV. 


CHAPTER    XIX. 

Education  and  School  Laws. 

I'Vee  education  in  A\  yoniiiii;'  extends  from  the  kinder- 
.G^arteu  through  the  universit}' ;  from  the  age  when 
blocks  and  bright  colors  hold  the  attention  of  the  little 
one  to  the  age  when  cap  and  gown  and  diploma  an- 
nounce that  college  education  is  completed.  The  course 
of  instruction  given  by  the  State  covers  a  continuous 
period.  No  private  instruction  is  required  to  take  the 
successive  steps  from  priuiary  room,  through  the  grades, 
the  high  school  and  the  university.  The  schools  are  sus- 
tained and  supported  at  the  expense  of  the  State  and  the 
National  go^•ernment.  The  source  of  revenue  is  derived 
by  taxation  and  by  rents  and  sale  of  the  school  lands. 
The  tax  is  i)aid  by  the  people  of  the  vState  and  the  lands 
were  a  donation  from  the  government. 

The  basis  of  our  endowment  for  our  public  schools 
dates  back  to  1785.  when  a  provision  was  made  for  sur- 
veying and  dividing  the  public  lands  into  townships  or 
tracts  of  land  six  miles  square,  each  containing  thirty -six 
sections  one  mile  square.  Section  sixteen  in  each  town- 
ship was  given  to  the  States  in  1787  for  common  school 
purposes.  In  1848  this  gift  was  extended  so  as  to  include 
section  thirty-six.  All  of  the  States  admitted  to  the 
Union  since  1802  have  received  this  gift  of  sections  six- 
teen and  thirty-six  for  school  purposes.  Surveys  to 
locate  boundaries  of  States  and  counties  in  States  before 
the  Ordinance  of  1785  were  made  in  a  most  irregular  way. 
sometimes  following  streams,  where  when  the  channel 
changed  the  boundary  line,  the  line  would  be  in  question, 
or  by  blazing  trees,  which  when  destroyed  removed  the 
definite  location  of  the  division  line.  This  "rectangular 
system"  of  surveys  has  removed  the  uncertainty  of  the 
boundary  lines  between  the  States  and  between  private 
parties.     All  public  lands  are  surve3^ed  and  sold  by  this 


loS 


TIIK  C'OXHTITlJTIOiV  OF  WYOMING. 


system.  Streams,  county  roads  and  f^rms  are  located 
by  township  lines.  Each  section  contains  640  acres, 
hence  out  of  each  township  1,280  acres  are  set  aside  for 
the  common  school  system  of  the  State  in  which  the 
township  is  located.  A  further  division  is  made  of  each 
section  which  is  subdivided  into  halves  and  quarters. 


6 



5 

4 

3 

2 

I 

7 

8 

9 

10 

I! 

\z 

18 

17 

tx 

15 

14 

13 

19 

ao 

ai 

aa 

as 

24 

30 

E9 

as 

Z7 

ae 

£5 

31 

3a 

33 

34 

35 

X 

60  ACfl^S 


A  quarter  section  of  land  contains  160  acres,  and  this 
is  the  legal  subdivision  of  land  by  which  homestead  claims 


THE    ADMINISTRATION    OF    AFFAIRS.  loit 

are  filed  upon  by  the  settler  when  he  wishes  to  obtain  lanci 
from  the  government.*  When  Wyoming  became  a  State 
she  disclaimed  forever  any  right  or  title  to  the  unappro- 
priated public  land  within  her  boundaries.  (Const.  Ord., 
Sec.  3.)  Any  title  that  the  State  may  have  to  land  comes 
through  the  government,  which  has  been  generous  in  its 
endowments  of  acres  to  be  used  for  State  purposes.  By 
Constitutional  limitations  the  minimum  price  at  which 
this  State  land  can  be  sold  is  ten  dollars  per  acre.  This 
is  a  wise  provision,  for  the  sales  of  the  public  school  lands 
donated  to  the  older  States  were  badly  mismanaged  and 
sold  in  some  States  at  so  low  a  price  as  to  amount  to 
almost  nothing.  The  common  school  lands  in  AVyoming 
embrace  3,457,999  acres.  About  two-thirds,  1,999,511 
acres,  of  this  school  land  is  leased  or  rented  (1907).  All 
of  the  school  land  could  be  rented  if  it  were  of  a  desir- 
able kind  ;  but  much  of  it  is  mountainous  and  unfit  ^or 
grazing  or  agricultural  purposes.  The  average  rent  per 
year  for  this  land  is  about  fi\-e  cents  per  acre.  The  school 
lands  rented  amounted  in  i(;o3  to  $68,133.  The  money 
derived  from  the  sale  of  the  school  lands  cannot  be  spent, 
but  must  be  safely  invested  as  a  permanent  endowment 
fund,  the  income  or  interest  from  which  is  applied  to  the 
common  school  purposes.  In  addition  to  this  land  gift  in 
the  State,  the  government  also  gives  for  the  support  of  the 
common  schools  fi\e  per  cent  of  the  proceeds  of  the  sales 
jnade  by  the  United  States  of  public  lands  lying  within 
the  State.  In  1881  Congress  granted  Wyoming  seventy- 
two  sections  or  46.091  acres  of  land  to  be  used  for  uni- 
versity purposes.  \Mien  the  territory  became  a  State 
the  provision  was  made  that  this  land  also  could  not  be 
sold  for  less  than  ten  dollars  ])er  acre,  and  the  proceeds 
of  the  sale  must  constitute  a  ])ermanent  fund,  to  be  safely 


*The  land  is  sold  to  the  settler  in  the  V.  S.  Land  Offices  whifli  are 
located  at  Clieyenne.  Evanston,  Douglas,  Lander,  Buffalo  and  Sun- 
dance. 


im)  'I'lIH   (i<)\'i;Ri\MKNT   OF   WYOMING. 

iincsled.  J5y  the  Act  of  Admission  of  the  State  of 
Wyoming  90,000  acres  of  land  were  granted  for  the  use 
and  support  of  an  Agricultural  College.  The  provisions 
for  the  use  and  disposal  of  this  land  arc  the  same  as  the 
common  school  land. 

In  addition  to  these  land  donations  the  State  has  re- 
ceived the  following  frcm  the  government  for  the  estab- 
lishment and  maintenance  of  the 

Insane  Asylum 30,000  acres 

f'enitentiary,  Albany  and  Car- 
bon County 60,000     " 

Fish  Hatchery 5,000     " 

Deaf,  Dumb  and  Blind  Asylum.  30,000     " 

Poor  Farm 10,000     " 

Hospital  for  Miners 30,000     " 

State,  Charitable,  Educational, 
Penal  and  Reformatory  Insti- 
tutions    260,000     " 

(Act.  Ad.,  Sec.  11.) 

Thirty  thousand  acres  from  the  260,000  have  been  set 
aside  by  the  Legislature  for  the  use  of  the  Soldiers  and 
Sailors'  Home  and  fifteen  thousand  acres  for  the  Miscel- 
laneous State  Library.  (R.  S.,  Sees.  695,  478.)  By  an 
act  of  Congress,  passed  July  2,  1862,  each  State  was  given 
30,000  acres  of  land  for  each  Senator  and  Representative 
to  which  it  was  entitled  by  the  apportionment  in  Con- 
gress in  i860.  This  is  the  famous  Morrill  or  Agricultural 
College  Act  from  which  the  State  has  received  benefit 
since  1890.  This  was  the  greatest  grant  ever  given  for 
the  cause  of  education.  The  land  allotted  to  all  of  the 
States  under  this  act  amounted  to  10,110,852  acres.  The 
civil  war  was  in  progress  when  the  law  was  passed  and 
provision  was  made  for  instruction  in  militar}^  science  in 
all  agricultural  colleges  to  be  established  under  its  pro- 
vision.    It   is   for  this   reason   that   militarv  science  and 


TllK    ADMINISTRATION    OF    AFFAIRS.  ini 

tactics  are  taught  at  our  own  State  University;  the  Col- 
lege of  Agriculture  is  a  "land  grant"  college  and  one  of 
the  departments  of  the  University.  We  have  never  sold 
any  of  our  90,000  acres  acquired  under  this  act,  but  derive 
an  annual  revenue  from  the  interest  which  accrues  from 
the  investment  of  the  money  which  was  obtained  by 
leasing  the  land.  Hon.  Justin  S.  Morrill  again  introduced 
a  bill  for  agricultural  purposes  which  became  an  act 
August  30,  1890.  This  act  gives  each  agricultural  and 
mechanical  college  established  under  the  provisions  of  the 
act  of  1862  an  additional  endowment  of  $25,000  annually.* 
Some  estimate  of  the  value  of  this  Federal  gift  to  the 
States  can  be  realized  by  the  statement  that  50,026  men 
and  women  have  graduated  from  "land  grant"  colleges 
and  46,699  are  now  taking  advantage  of  education  as 
given  under  the  "]\Iorrill  Act." 

For  purposes  of  research  work  in  agriculture  and  allied 
sciences  most  of  the  agricultural  colleges  receive  further 
assistance  through  the  Acts  of  Congress  of  March  2, 
1887.  known  as  the  "Hatch  Act"  and  the  "Adams  Act"  of 
March  16,  1906.  These  will  give  an  annual  endowment 
of  $30,000  to  be  used  for  work  and  investigation  in  the 
experiment  stations.**  An  Experiment  Station  depart- 
ment was  established  at  our  State  University  in  1891,  and 
experiments  are  being  carried  on  with  a  view  of  aiding 
and  developing  agriculture,  stock  raising  and  the  related 
industries  of  the  State.  The  results  of  these  experiments 
are  published  as  bulletins  and  are  distributed  to  the  resi- 
dents of  the  State  and  those  interested  in  these  subjects. 


*By  an  act  of  Congress  dated  March  2,  1907,  known  as  tlie  "Nelson 
Amendment,"  .$5,000  additional  has  been  added  to  this  appropriation 
and  each  year  for  four  years  the  same  amount  is  added  until  the  sum 
reaches  $25,000,  making  a  total  appropriation  of  $50,000  for  these 
purposes. 

**The  "Hatch  Fund"  carries  an  appropriation  of  $15,000.  The 
"Adams  Fund"  in  1907  is  $9,000.  Annually  $2,000  are  to  be  added  to 
this  amount   until   it   also   reaches   $15,000. 


|(iL>  'I'HK   <;()\HKXMKNT   OF    WYOMING. 

Each  county  is  di\iclc(l  into  School  Districts.  liach 
district  is  controlled  b}'  a  board  of  trustees  or  directors, 
members  of  which  live  in  the  district  where  the  schools 
are  located.  In  districts  containing'  less  than  one  thou- 
sand inhabitants  three  trustees  compose  the  governing 
board  ;  districts  having  more  than  one  thousand  inhabit- 
ants have  six  trustees.  Their  term  of  office  is  for  three 
years  and  they  receive  no  compensation.  (R.  S.,  Sees. 
525,  526.)  In  the  management  of  school  afifairs  the  citi- 
zens exercise  the  right  of  direct  legislation.  All  ques- 
tions of  money  to  be  raised  by  a  special  tax;  (piestions  of 
expenditures,  improvements  and  buildings  and  the  num- 
l)er  of  schools  to  be  maintained  are  voted  upon  by  the 
people  of  the  district  at  the  annual  school  election  held 
the  first  Monday  in  May  when  the  election  of  trustees 
takes  place.  (Sec.  531.)  The  qualified  voters  of  any  dis- 
trict are  responsible  for  the  condition  of  their  ]:)ublic 
schools,  because  they  have  it  in  their  power  to  directly 
regulate  the  amount  of  money  to  be  used  in  the  district 
for  educational  purposes,  and  elect  by  direct  \'ote  those 
who  are  to  carry  out  their  expressed  wishes.  Each 
county  has  a  county  superintendent  of  schools  who  serves 
for  a  term  of  two  years  and  is  elected  by  the  people  of  the 
respective  counties.  The  salar}-  varies  from  nine  hundred 
to  five  hundred  dollars  a  year.  (The  amount  being  regu- 
lated by  the  population  and  \'aluation  of  the  school  dis- 
trict.) The  first  school  taught  in  \\"yoming  w-as  at  Fort 
Laramie  in  1852.  Post  Chaplain  Richard  Vaux  con- 
ducted a  post  school,  composed  of  the  children  of  the 
of^cers  of  the  military  post. 

(3ne  cannot  be  county  superintendent  and  at  the  same 
time  a  teacher  in  the  public  schools.  (Sec.  1190.)  An- 
nually the  county  superintendent  sends  to  the  State 
Superintendent  of  Public  Instruction  a  written  report  of 
the  condition  of  the  schools  in  his  county,  which  is  com- 
piled  from  the  reports  sent  to  his  office  by  the  several 


THE    ADMrNISTKATlO.N    UF    AFFAIRS.  16;; 

school  district  clerks.  (Sec.  1 192. )  The  C(ninty  superin- 
tendent divides  the  county  into  school  districts  ,  and 
may  change  or  alter  the  boundaries  of  those  now  formed 
when  so  petitioned  by  two-thirds  of  the  legal  voters  of 
the  district.  (Sec.  1195.)  In  December  of  each  year  he 
apportions  the  county  school  tax  and  all  money  in  the 
hands  of  the  county  treasurer  to  the  schools  in  his  district 
and  divides  monies  that  have  been  apportioned  and  dis- 
tributed to  his  county  by  the  State  Superintendent  for 
school  purposes.  This  apportionment  is  made  in  accord- 
ance with  the  number  of  pupils  in  attendance  at  the 
schools  in  his  district.  (Sec.  1 194.)  No  portion,  of 
money  received  from  the  State  Superintendent  can  be 
given  by  the  county  superintendent  to  any  district  which 
has  not  maintained  a  school  at  least  three  months  of  the 
year.  (S.  L.  1903,  Ch.  91,  Sec.  6.)  County  superintend- 
ents annually  conduct  a  county  institute  for  teachers. 

An  applicant  who  wishes  to  teach  is  examined  in  spell- 
ing, reading,  penmanship,  arithmetic,  grammar,  geogra- 
phy, civil  government,  history  and  constitution  of  the 
United  States,  the  constitution  of  Wyoming,  physiology, 
hygiene,  the  theory  and  practice  of  teaching.  An  average 
grade  of  eighty-five  per  cent  and  no  grade  lower  than 
sixty  per  cent  entitles  the  applicant  to  a  second-grade 
certificate,  which  enables  the  holder  to  teach  for  two 
years  without  an  additional  examination.  A  third  grade 
certificate  is  granted  to  those  receiving  an  average  of 
seventy  and  who  has  not  fallen  below  fifty  per  cent  in  auN 
grade;  this  entitles  the  holder  to  teach  one  year  without 
further  examination  First  grade  certificates  do  not  re- 
quire an  examination  for  four  3'ears.  In  addition  to  the 
requirements  for  a  second  grade  certificate,  examinations 
for  a  first  grade  certificate  must  be  taken  in  rhetoric, 
algebra,  ph3\sical  geograph}-,  plane  geometry,  English 
literature,  political  economy,  and  any  two  of  the  following- 
branches  :  botany,  zoology,  natural   philosophy,  biology. 


I(.i4  TllK   GOVKRNMKNT   OF   W  VOM  1  NO. 

chemistn-,  |)syclioIog;y  and  bookkeeping.  (S.  L.  1901, 
Ch.  57;  S.  L.  1903,  Ch.  90,  Sec.  i.)  A  State  or  profes- 
sional certificate  is  issued  by  the  State  Superintendent  of 
l/'ublic  Instruction  ui)on  the  recommendation  and  exami- 
nation by  the  State  Board  of  Examiners,  and  entitles  one 
to  teacli  six  years  without  examination. 

The  State  Board  of  Examiners  (Schools)  is  composed 
of  three  members  who  are  ai)pointed  by  the  State  Super- 
intendent of  Pul)lic  Instruction  for  a  term  of  two  years. 
The  Sielection  must  be  made  from  principals  of  high 
schools,  city  and  county  superintendents  and  the  faculty 
of  our  State  University.  While  actually  employed  in  the 
performance  of  their  duties  they  each  receive  five  dollars 
a  day.  The  board  must  meet  at  least  annually  in  the 
office  of  the  State  Superintendent  at  the  Capitol  building; 
adopt  rules  and  regulations  for  the  granting  of  the  cer- 
tificates to  teachers  ;  prepare  examination  questions  which 
shall  be  sent  to  the  county  superintendents  of  the  several 
counties  where  examinations  shall  be  held  at  least  t.wice 
a  year ;  they  shall  receive  all  papers  written  by  the  appli- 
cants for  certificates  in  the  various  counties,  and  grade 
such,  or  appoint  some  suitable  person  to  so  grade  or 
mark  them ;  return  the  papers  within  two  weeks  to  the 
county  superintendents,  with  the  results  of  such  ex- 
aminations ;  when  the  examinations  are  of  sufficient 
standing  recommend  to  the  State  Superintendent  the  issu- 
ing to  the  applicants  certificates  of  the  proper  grades 
(these  examination  papers  must  be  kept  on  file  in  the 
State  Superintendent's  office  for  a  period  of  one  year  sub- 
ject to  the  inspection  of  the  general  public)  ;  recommend 
to  the  State  Superintendent  the  issuing  of  certificates  of 
the  first  grade  to  graduates  of  our  State  Universit}'^  who 
have  received  the  degree  of  Bachelor  of  Arts,  or  Bachelor 
of  Science,  or  Bachelor  of  Pedagogy,  or  Bachelor  of  Arts 
in  Education ;  to  recommend  also  to  the  State  Superin- 
tendents the  issuing  of  certificates  of  the  grade  they  deem 


TIIK    ADMIMSTRATIOX    OF    AFFAIRS.  icvi 

deserved,  io  i^raduates  of  reputable  colleges  and  normal 
schools,  when  evidence  of  graduation  is  accompanied  by 
evidence  of  proper  experience. 

The  Board's  further  duty  is  to  recommend  annually  a 
list  of  books  for  the  basis  of  work  of  a  State  Reading 
Circle  for  Teachers,  and  also,  a  list  of  books  suitable  for 
general  reading  for  pupils  of  the  various  grades. 

The  State  Superintendent  of  Public  Instruction  shall 
issue  teacher's  certificates  of  the  proper  grades  on  the 
recommendation  of  this  State  Board  of  Examiners,  which 
certificates  shall  entitle  the  holder  to  teach  in  Wyoming 
for  the  time  fixed  by  law  for  that  particular  grade  of 
certificate.      (S.  L.  igo/,  Ch.  65.) 

The  State  Superintendent  of  Public  Instruction*  has 
general  supervision  of  all  of  the  district  schools  of  the 
State.  He  has  authority  to  make  all  necessary  rules  and 
regulations  to  carry  out  the  State  school  laws.  (R.  S.. 
Sec.  91.)  Once  a  year  he  distributes  to  the  county  super- 
intendents for  the  use  of  the  public  schools  all  the  money 
in  the  State  treasury  to  the  credit  of  the  school  income 
fund.'^  This  money  includes  the  five  per  cent  derived 
from  sales  of  the  public  lands  by  the  United  States  and 
the  rents  of  the  unsold  school  lands.  The  money  is 
apportioned  in  the  same  manner  as  the  county  tax,  which 
is  distributed  to  each  school  district  pro  rata  to  the  num- 
ber of  school  children  of  school  age  in  the  district.  (Sec. 
93.)  Five  per  cent  of  the  money  obtained  by  the  govern- 
ment for  leasing  the  forest  reserves  for  grazing  or  per- 
mitting timber  to  be  removed  therefrom  goes  to  the  gen- 
eral school  fluid  of  the  county  in  which  the  reserve  is 
located.  (S.  L.  1907,  Ch.  7.)  The  State  Superintendent 
of  Public  Instruction  is  a  member  ex-ofificio  of  the  trus- 
tees of  the  State  University.  (Sec.  488.)  He  is  also  a 
member   of  the    State    Board   of   School    Land   Commis- 


*So.'  p.  11.".  anil   l.V.t 


UKi  Till-:   CiOVKKXMKNT   OF   VVVOMlNti. 

sioners,  of  the  Tublic  Land  C'onmiissioncrs  for  the  selec- 
tion of  State  lands  and  of  the  Board  of  Charities  and 
Reforms.     (See  State  Officers.) 

The  ptiblic  schools  are  free  and  accessible  to  all  chil- 
dren residents  of  the  State  who  are  over  six  years  and 
under   twenty-one  years  of  age. 

Compulsory  Education  is  sometimes  necessary  when 
children  and  parents  do  not  realize  the  necessity  and 
advantages  of  a  public  school  education. 

Every  parent,  or  guardian,  or  those  having  control  of 
children  between  the  ages  of  seven  and  fourteen  years 
inclusive,  are  required  to  send  such  children,  or  child,  to 
a  public,  private  or  parochial  school,  each  school  year  for 
the  first  six  months  during  which  public  schools  of  the 
school  district  wdiere  the  child  resides  shall  be  in  session. 
If  a  child  is  too  ill  to  attend  school  during  this  term  of 
years  as  indicated  a  physician's  certificate  must  be  fur- 
nished to  establish  such  fact;  or,  if  making  a  child  attend 
school  in  accordance  with  this  law  should  work  a  par- 
ticular hardship  such  child  may  be  excused. 

In  order  to  enforce  this  law  the  sheriffs  of  each  county, 
or  constable  within  the  respective  precincts,  or  a  specially 
appointed  truant  officer,  shall  see  that  the  required  pro- 
visions are  enforced.  A  fine  or  imprisonment  may  be 
imposed  for  a  violation  of  this  law.      (S.  L.  1907,  Ch.  93.) 

Free  kindergartens  for  the  instruction  of  children  from 
four  to  six  years  of  age  are  a  part  of  our  public  school 
system.  The  cost  of  maintaining  these  schools  is  paid 
from  the  special  school  fund  of  the  district  having  the 
kindergarten,  and  the  sum  so  expended  is  annually  deter- 
mined by  the  electors  of  the  district  at  their  annual  meet- 
ing. (Sec.  593.)  The  county  superintendent  and  the 
district  school  board  or  directors  determine  whether  a 
high  school  shall  be  established  in  the  district.  The 
teachers  at  the  county  institute  may  determine  the  studies 
to  be  pursued  and  the  State  Superintendent  has  power  to 


TIIK    ADMIXKSTKATIOX    OF    AFFAIK8.  1(57 

carry  into  effect  the  courses  of  study  so  determined. 
(Sec.  551.)  The  high  schools  of  the  State  prepare  stu- 
dents to  enter  the  freshman  class  of  the  State  Universit}' 
without  examinations.  Until  more  high  schools  are  es- 
tablished in  the  State,  the  University  will  be  obliged  to 
maintain  three  preparatory  years,  the  first  of  which  ad- 
mits pupils  who  have  graduated  from  the  eighth  grade 
of  our  public  schools.  The  University  finishes  the  sys- 
tem of  public  schools  in  our  State. 

The  University"  with  its  several  departments  was  es- 
tablished in  1886  and  received  students  in  the  fall  of 
1887.  The  State  Normal  School,  the  College  of  Liberal 
Arts,  the  School  of  Mines,  the  Agricultural  and  Me- 
chanical College,  the  Husiness  College  and  the  School  of 
Music,  are  a  part  of  the  University.  All  of  the  institu- 
tions of  higher  learning  are  centered  in  one  locality  and 
each  is  part  of  the  L'niversity. 

There  are  no  denominational  colleges   in  the   State. 

All  educational  institutions  supported  wholly  or  in  part 
by  the  State,  above  the  second  grade,  must  give  instruc- 
tion in  physiology  and  hygiene  with  special  reference  to 
the  effects  of  alcohol  and  narcotics  upon  the  human  sys- 
tem. (Sec.  612.)  The  humane  treatment  of  animals 
must  also  be  taught  and  the  instruction  must  consist 
of  not  less  than  two  lessons  of  ten  minutes  each  per  week. 
(S.  L.  1901.  Ch.  8.)  That  no  one  may  be  denied  the 
privilege  of  a  common  school  education  on  account  of 
expenses  attached  to  the  purchase  of  school  supplies, 
free  text-books  are  furnished  to  all  public  school  ])upils 
by  the  school  boards.      (S.   L.   1901,  Ch.  38.) 

In  order  to  prevent  as  far  as  possible  cruelty  to  chil- 
dren and  dumb  animals  there  has  been  established  a 
Board  of  Child  and  Animal  Protection.  This  humane 
organization  has  for  its  board  of  directors  the  Governor, 

♦Frederick  Monroe  Tisdel.   Ph.   D.,    (1907,)   President. 


im  THE   GOVERNMENT   OF  WYOMING. 

State  Superintendent  of  Pul:)lic  Instruction,  and  Attorney 
General,  whose  duties  are  to  secure  the  enforcement  of 
laws  for  the  prevention  of  wrongs  to  children  and  dumb 
animals  who  are  unable  to  defend  and  protect  them- 
selves. This  Board  shall  also  assist  in  the  organization 
of  district  and  county  Humane  Societies  and  appoint  a 
State  and  local  agents  to  assist  in  carrying  out  the  provi- 
sions of  the  law.     (S.  L.  1907,  Ch.  82.) 

Provision  has  been  made  by  which  the  birds  and  their 
nests  and  eggs  are  protected.  A  fine  of  five  dollars  or 
imprisonment  for  ten  days,  or  both,  may  be  imposed  upon 
any  one  killing  or  catching  birds,  other  than  game  birds, 
or  taking  or  destroying  their  nests  or  eggs.  The  State 
Superintendent  of  Public  Instruction  may  issue  a  cer- 
tificate which  will  permit  the  holder  to  collect  birds,  nests 
or  eggs  for  scientific  purposes.     (S.  L.  1901,  Ch.  37.) 

The  legal  holidays  of  the  State,  when  schools  are  not 
in  session,  are  January  first,  New  Year's  Day;  February 
twelfth,  Lincoln's  Birthday;  February  twenty-second, 
AVashington's  Birthday ;  thirtieth  of  May,  Decoration 
Day;  Fourth  of  July,  Thanksgiving  Day;  twenty -fifth  of 
December,  Christmas ;  days  on  which  our  general  elec- 
tions are  held  and  Arbor-  Day.  The  date  for  Thanksgiv- 
ing Day  is  designated  by  the  President  of  the  United 
States.  It  is  usually  the  last  Thursday  in  November. 
The  exact  date  for  Arbor  Day  is  made  by  the  Governor, 
always  in  the  spring,  in  time  to  plant  trees.*  (S.  L.  1901, 
Ch.  93.) 

As  a  stimulus  to  patriotism  the  law  requires  that  the 
trustees  in  each  school  district  shall  cause  the  American 
flag  to  be  placed  on  the  schoolhouse  of  their  district  and 
remain  there  each  day  while  school  is  in  session.  (S.  L. 
T903,  Ch.  83.) 


*The  State  Superintendent  of  Puljlic  Instruction  has  recommended 
to  the  teachers  of  this  State  that  the  Arbor  Day  exercises  be  combined 
with  a'  program   for  Bird   Day. 


THH    ADMINrSTHATlOX    OF    AFFAIRS.  ]m 

Any  one  desecrating"  or  publicly  or  wilfully  mutilating 
or  tramping  upon  or  tearing  down  any  flag  of  the  United 
States  or  vState  flags  of  Wyoming  is  subject  to  a  fine  or 
imprisonment  or  both.  This  desecration  includes  having 
placed  upon  the  flags  inscriptions,  words,  portraits,  ad- 
vertisements, names,  symbols  or  inscriptions.  (S.  L. 
1905,  Ch.  47.) 

QUESTIONS. 

1.  What  is  the  Public  School  system? 

2.  Explain  how  tlic  school  acquired  title  to  Scetious  16  and 
36  of  each  Township. 

3.  Draw  a  diagram  of  a  Township,  locate  the  School  Sections 
and  the  southeast  quarter  of  the  southwest  quarter  of  Section  8. 

4.  How  many  acres  of  land  are  there  in  the  southwest  quar- 
ter of  the  southeast   quarter  of  Section   16? 

5.  What  is  the  lowest  price  at  which  school  land  can  be  sold? 

6.  Name  the  State  institutions  that  received  land  grants  from 
the    Government. 

7.  Explain  how  revenue  for  the  Agricultural  Colleges  and 
Experiment   Stations   is  obtained. 

8.  What  is  a  School  District? 

9.  Who  elects  School  Directors?  Who  elects  the  County  Super- 
intendent?    The   State   Superintendent  of  Public  Instruction? 

10.  What  are  the  duties  of  each  of  these  officers? 

11.  Of   what   use   is   a   teacher's   certificate? 

12.  Who  are  exempt  from  teachers'  examinations? 

13.  What  is  a  kindergarten?  A  graded  school?  A  high  school? 
A   university? 

14.  What  are  the  public  schools  of  the  State  required  to 
teach? 

15.  Name  the  legal  holidays  in  tliis  State.  How  long  has  the 
State   observed   Lincoln's  Birthday? 

16.  State  the  regulations  in  regard  to  the  protection  of  birds 
of  the  State.  How  could  you  be  allowed  to  make  a  collection 
for  the  schools? 

REFERENCES. 

Ashley,   The    American   Federal    Government,   pp.    371-375;    Sees. 

187,   449. 
Boone,  Education  in  the  United   States. 
Butler,  Education  in  the  United  States,  II,  p.  613. 


■(I  THK   tiOVlOKNMKNT   OF   W VOMlNCi. 

lliiis(l;ilo,  Tlie  American   Govciiinunit,   CAi.  LVI. 

Hart,   Actual   Government,   Sees.   154,   231. 

Fiske,  Civil  Government,  pp.  81-88. 

James  and   Sanford,   Governinent   in   the   Stiite   and   Nation,   Chs. 

IX,  XXVIII. 
Hart,  Practical  Essays  on  American  Government,  X. 
Smith,  Training  for   Citizenship,   Ch.  IV.   and   VT. 
Moses,  Government  of  the  U.  S.,  p.  325-327. 
Forman,   Advanced   Civics,   Ch.   XLVI. 
Fairlic,  Local  Government  in  Counties,  Towns  and  Villages,  Ch. 

XH. 
Knight,    The    Birds    of    Wyoming    (Free    on    application    to    the 

University). 
Wyoming  School  Laws,  compiled  by  the  State  Superintendent  of 

Public  Instruction. 


CHAPTER  XX. 

Irrigation  and  Forest  Reserves. 

"In  the  arid  West  water  is  g'okl."  For  her  sujjerior 
laws  regulatinja:  the  use  of  water,  Wyominj^^  has  been 
called  the  law-giver  of  the  arid  region.  Our  State  Su- 
l)reme  Court  has  acted  upon  but  few  water  cases.  This 
must  not  be  taken  to  indicate  that  there  are  no  conditions 
existing  in  the  State  where  litigation  over  water  might 
arise,  but  that  the  water  laws  are  so  wisely  constructed 
that  the  appropriators  of  water  know  what  their  rights 
are  and  thus  avoid  endless  lawsuits.  That  this  condition 
of  alYairs  exists  in  our  State  where  over  nine  thousand 
people  have  water  rights  and  take  water  from  more  than 
six  luindred  streams,  speaks  well  for  the  Constitution- 
makers  and  law-builders,  as  well  as  for  the  owners  of  the 
ditches.  The  Declaration  of  Rights  in  our  State  Consti- 
tution, Sec.  31,  recognizes  the  importance  of  the  question 
of  water  in  an  arid  region,  and  places  absolute  control  of 
the  waters  with  the  State.  The  waters  from  all  of  the 
natural  streams,  springs,  lakes  and  collections  of  still 
water  within  the  borders  of  the  State  are  State  property, 
and  are  controlled  by  a  board  which  supervises  the  appro- 
])riation.  distribution  and  division  of  these  waters.  The 
board  consists  of  the  State  Engineer  and  his  four  division 
superintendents,  all  of  whom  are  appointed  by  the  Gov- 
ernor with  the  consent  of  the  Senate.  The  board  acts  as 
a  court  and  has  original  jurisdiction  in  water  right  con- 
troversies. The  State  Engineer,  whose  office  is  in  the 
Capitol  Building,  keeps  a  record  of  all  appropriations  of 
water.  Priority  of  appropriation  for  beneficial  uses  gives 
the  best  title  to  water,  but  actual  use  of  the  water  so 
appropriated  must  be  shown  before  an  appropriator's  title 
can  be  recognized.  Those  who  first  utilize  the  waters  of  a 
stream   for  useful  purposes  are  the  prior  appropriators. 


172  Tin-:   COVKRNM  I'^XT    OF    \VV(>.MIN(;. 

The  water  is  comeycd  thrcmj^ii  (lilchcs  that  connect  the 
streams  with  the  land  which  is  to  1)e  reclaimed  or  irri- 
gated. Trior  right  dates  from  the  time  when  construc- 
tion commenced  on  these  ditches.  If  due  diligence  is  not 
shown  in  making  these  ditches,  the  right  commences 
with  the  time  when  water  was  actually  conveyed  through 
the  ditch  to  be  used  on  the  land.  The  State  Engineer 
keeps  a  record  of  all  the  ditches  and  their  capacity  for 
carrying  water.  Each  stream  is  gauged,  and  the  amount 
of  water  flowing  through  its  channel  is  carefully  meas- 
ured. The  amount  of  land  that  can  be  irrigated  by  these 
waters  is  also  estimated.  These  records  give  the  infor- 
mation by  which  a  just  division  of  water  can  be  made 
by  the  Engineer  to  the  land  owners  of  the  State.  The 
law  requires  the  State  Engineer  to  make  and  keep  in  his 
office  a  map  showing  the  course  of  each  stream  gauged, 
the  location  of  each  canal  and  ditch  and  the  legal  sub- 
divisions of  land  which  have  been  irrigated.  (R.  S., 
Sec.  8/1.)  The  amount  of  water  allowed  to  each  ap- 
propriator  is  one  cubic  foot  per  second  of  time  for  each 
seventy  acres  of  land  for  which  the  appropriation  is  made. 
In  order  to  establish  a  legal  claim  to  a  ditch  and  to  ob- 
tain a  right  to  use  water  from  a  stream,  application  for 
this  privilege  must  be  filed  with  the  State  Engineer,  who 
grants  a  permit.  Sometimes  all  of  the  water  of  a  stream 
is  appropriated,  and  to  allow  further  use  of  it  would  in- 
jure rights  previously  granted.  In  this  case  the  Engi- 
neer can  reject  the  application  and  refuse  to  permit  fur- 
ther use  of  the  water  from  the  stream.  Appeals  from 
the  decisions  of  the  Engineer  can  l)c  taken  to  the  State 
l')oard  of  Control  and  from  this  board  to  the  district 
courts.  To  use  water  from  a  stream  in  Wyoming  with- 
out a  permit  from  the  Engineer  is  a  misdemeanor.  (R. 
S.,  Sec.  971.)  A  title  to  water  is  given  to  the  lawful 
appropriator.  and  he  becomes  a  partner  with  the  State  as 
part  owner  of  the  stream  from  which  he  has  taken  the 


Till-:    AD.MIMSTHA'noX     OF    AFFAIRS.  17.-) 

water.  When  all  of  the  reciuirenienls  of  the  law  are  ful- 
lilled,  ihc  State  lioard  of  Control  issues  a  certificate  and 
t^ives  the  ap])licant  a  rig'ht  which  cannot  be  taken  from 
him  except  h}'  failure  on  his  i)art  to  keep  his  canals  and 
ditches  in  repair,  and  failure  to  use  the  water  for  two 
.successive  years. 

Our  I.egislature  passed  an  act  ( S.  L..  1903,  Ch.  69)  au- 
thorizing i)ersons  or  corporations  to  construct  reservoirs 
for  the  storage  of  the  unappropriated  waters  of  the 
State,  to  be  used  for  beneficial  purposes.  Applications 
and  permits  for  this  work  must  be  approved  by  the  State 
Engineer  in  the  same  manner  as  the  water  applications. 

The  most  important  provisions  of  the  irrigation  law^s  of 
Wyoming  stipulate  that  water  belongs  to  the  land  irri- 
gated and  not  to  the  ditch  or  individual ;  that  there  must 
be  a  central  office  of  record  where  all  information  con- 
cerning the  flow  of  streams  and  the  area  of  the  land  irri- 
gated by  each,  can  be  obtained;  that  claims  of  water  are 
to  be  settled  before  complications  arise,  the  State  taking 
the  initiative;  and  that  all  claimants  are  represented  in 
the  process  of  accpiiring  their  title. 

The  United  State-  Government  under  the  Desert  Land 
z^ct  gives  320  acres  of  land  to  any  one  who  will  irrigate 
the  land  and  pay  $1.25  per  acre.  Originally  a  person 
could  file  on  an  entire  section,  or  640  acres,  but  during 
recent  years  this  amount  has  been  reduced,  and  if  a  set- 
tler has  a  homestead  of  160  acres  he  can  only  file  on  and 
purchase  160  acres  of  desert  land.  Thousands  of  acres 
of  desert  land  in  Wyoming  have  been  acquired  through 
this  act.  The  title  to  land  comes  from  the  government. 
The  title  to  water  comes  from  the  State.  The  patent  to 
the  land  comes  from  the  United  States ;  the  patent  to  the 
water  comes  from  Wyoming. 

Congress  in  1894  passed  an  act  commonly  known  as 
the  Carey  Act,  which  donated  to  each  of  the  States  in  the 
arid  region  one  million  acres  of  land  for  actual  settlers. 


176  TlIK   COVEKNMHNT   OF   WYOMING. 

The  provision  attached  to  the  ^ih  was  that  the  land 
should  be  irrigated,  reclaimed  and  settled  by  actual  set- 
tlers in  small  tracts.  The  selection  and  management  and 
disposal  of  this  desert  land  in  Wyoming;  is  vested  in  the 
State  Board  of  I.and  Commissioners.  The  ditches  built 
for  use  in  reclaiming  aj-e  not  built  by  the  State,  but  by 
irrigation  companies,  who  agree  to  sell  them  to  the  set- 
tlers at  a  reas(3nable  price.  Wyoming  was  the  first  State 
to  accept  the  provisions  of  this  act,  and  at  the  present 
time  has  800,000  acres  segregated  for  this  purpose.  Title 
to  this  land  after  being  reclaimed  passes  to  the  State  and 
then  to  the  settler,  who  pays  fifty  cents  an  acre  for  the 
land.  In  1902  Congress  passed  another  act,  the  national 
irrigation  law,  appropriating  the  receipts  from  the  sale 
of  public  land  in  thirteen  States  and  territories  for  the 
construction  of  irrigation  works  to  reclaim  the  arid  lands 
in  these  States.  This  money  is  to  be  spent  in  surxeying, 
constructing  and  maintaining  works  which  are  to  l)e  used 
for  the  storage  of  waters  for  irrigation  and  for  the  con- 
struction of  canals  to  carry  the  water  to  the  lands.  Sur- 
veys for  three  large  reservoirs  have  been  made  by  the 
Government  in  this  vState.  The  largest  reservoir  is  now 
( 1907)  being  built  above  Alcova  called  the  "Pathfinder" 
in  Natrona  County,  located  on  the  Platte  River  near  the 
mouth  of  the  Sweetwater.  It  will  have  a  capacity  of 
about  one  million  acre  feet  of  water.  An  acre  foot  of 
water  is  enough  water  to  cover  an  acre  of  ground  one  foot 
deep.  When  this  reservoir  is  built,  it  will  be  the  largest 
in  the  world,  and  will  have  a  capacity  of  137,000  more 
acre  feet  than  the  famous  Assuan  reservoir  in  Egypt,  and 
this  is  the  largest  that  has  ever  been  constructed.  The 
second  survey  was  made  in  Johnson  County,  to  use  Lake 
DeSmet  as  a  reservoir  and  the  waters  from  Piney  Creek. 
This  proposed  site  has  been  abandoned  by  the  Govern- 
ment. The  third  proposed  location  is  in  Big  Horn 
Countx'.  near  Codv.  and   will   utilize  tlic   water  from  the 


THE    ADMIMSTIv'A'noX    OF    AFFAIKS.  I77 

Shoshone  River.  A  huge  area  of  350.000  acres  of  land 
will  be  irrigated  from  the  Shoshone  canal,  when  com- 
pleted, on  the  former  Shoshone  Indian  Reservation  north 
of  Wind  River  and  west  of  l.)ig  Horn  River.*  Lands  in 
the  arid  region  are  practically  useless  without  water. 
'J'he  value  of  land  depends  upon  the  question  of  the  water 
supply.  Irrigated  lands  in  Wyoming  sell  on  an  average 
for  from  twenty  to  fifty  dollars  an  acrc.f 

Forest  Reserves. — "The  forest  and  water  problems  arc 
perhaps  the  most  vital  internal  questions  of  the  United 
States."  The  Government  has  recognized  the  impor- 
tance of  this  question  and  has  set  aside  lands  in  the 
I'nited  States  amounting  to  over  63,000,000  acres  to  be 
used  as  forest  reserves.  Formerly  there  was  a  provision 
by  which  160  acres  of  government  land  could  be  pur- 
chased under  what  was  known  as  the  Timber  Act.  This 
law^  was  repealed  in  189 1  and  provision  was  made  for  the 
Federal  Forest  Reserves.  In  Wyoming  there  are  (1907) 
three  large  and  two  small  tracts  of  land  reserved  for  this 
])urpose  :  the  Big  Horn,  reserved  by  proclamations  of  1897 
and  1904.  of  1,216,960  acres  situated  on  both  sides  of  the 
Big  Horn  mountains  in  Big'  Horn.  Johnson  and  Sheridan 
counties  ;  the  Medicine  Row,  proclamation  of  1902,  with 
420,584  acres  lying  in  the  southwestern  part  of  Albany 
and  southeastern  corner  of  Carbon  counties  :**  the  Yel- 

*The  location  of  these  canals  must  not  be  confused.  The  one  con- 
nected with  the  Shoshone  River  is  in  Big  Horn  County.  The  "Sliosh- 
one  canal"  is  in  Fremont  County  adjacent  to  the  northern  boundary 
of  the  reduced  Shoshone  Reservation.     (See  page  51    footnote.) 

tThe  Wyoming  Development  Company,  managed  by  private  indi- 
viduals, has  the  largest  reservoir  in  the  State  and  one  of  the  largest 
in  the  world.  It  takes  the  water  from  the  I^aramie  river  and  irrigates 
about  60,000  acres. 

The  Secretary  of  the  Interior  has  allotted  .$1,000,000.00  for  the  con- 
struction of  a  reservoir  to  be  known  as  the  Pathfinder,  to  be  located 
about  forty  miles  southwest  of  Casper,  for  the  utilization  of  the 
waters   of   the    North   Platte    river.     (See   p.    I7('i.) 

**Th!s  reserve  had  140,000  acres  added  to  it  by  the  President's 
proclamation  of  March,   1907. 


178  THK   GOVERNMENT   OF   WVOMINU. 

lowstonc,  proclamations  of  1891  and  1904,  containing 
7,017,600  acres  embracing  practically  all  of  northern 
Uinta,  the  western  part  of  Big  Horn  and  northwestern 
portion  of  Fremont  counties ;  the  small  area  in  the  ex- 
treme southeastern  part  of  Crook  county  called  the  Black 
?Iills  Forest  Reserve,  under  proclamations  of  1897  and 
1898,  and  the  Bear  Lodge  Forest  Reserve  in  northeastern 
Wyoming,  proclamation  March,  1907,  of  137,000  acres. 
These  lands  are  under  the  control  of  the  National  Gov- 
ernment and  are  regulated  by  three  of  its  departments. 
The  Department  of  the  Interior,  through  the  General 
Land  Ofifice,  has  general  supervision  over  and  regula- 
tion of  these  reserves.  The  Geological  Department  sur- 
veys the  land  and  does  the  topographical  work  locating 
the  streams  and  roads  and  calculates  the  amount  of  tim- 
ber, which  has  been  burned  or  can  be  safely  used  for 
commercial  purposes.  The  Department  of  Agriculture, 
through  the  Bureau  of  Forestry,  makes  a  technical  inves- 
tigation as  to  the  character  and  distribution  of  the  trees, 
and  makes  recommendations  as  to  the  best  methods  for 
preserving  the  forests.  Sheep  and  cattle  are  allowed 
to  graze  on  the  forest  reserves,  but  must  pay  the  Gov- 
ernment for  this  use.  Under  federal  regulations  trees 
may  be  cut  down  for  timber  and  lumber.  Ten  per  cent 
of  the  money  derived  from  these  two  sources  must  be 
turned  into  the  State  and  used  for  the  benefit  of  the  pub- 
lic schools  and  public  roads  of  the  county  in  which  the 
reser\c  is  situated.  One-half  of  this  ten  per  cent  is  ap- 
plied to  the  general  school  fund  and  one-half  for  the 
betterment  of  public  roads.  (S.  L.  1907,  Ch.  7.)  The 
objects  of  reserving  these  lands  are  two-fold :  first,  to 
furnish  timber;  second,  to  regulate  the  flow  of  water 
which  fills  our  streams.  Forests  act  as  windbreaks  and 
also  as  a  shade  to  the  ground,  and  thus  prevent  the  snow 
from  rapidly  melting  and  the  water  from  evaporating. 
The  snows  on  our  mountains  are  the   source  of  water 


THH    ADMIXISTK'ATIOX    Oh'    A  KKA I  US.  IM 

sui)j)ly,  and  it  is  essential  that  this  moisture  be  g^radually 
(listril)utecl  into  the  streams.  The  trees  protect  the  earth 
from  I^eing-  washed  away  by  the  suddenly  melting'  snow 
or  heavy  rains,  h'orests  serve  the  purpose  of  reservoirs, 
storing"  waters  during  the  time  of  abundant  moisture, 
when  the  largest  part  of  the  water  would  otherwise  run  to 
waste.  The  vital  importance  of  the  question  of  the  water 
supply,  particularly  in  the  arid  and  semi-arid  regions,  has 
justified  the  National  (loxermnent  in  assuming  control  of 
the  headwaters  oi  some  of  the  streams  which  are  gen- 
erally to  be  found  in  the  forests.  The  dead  leaves  and 
limbs  and  fallen  trees  protect  the  snow  from  the  hot  sun 
and  make  its  melting  gradual.  This  gives  an  even  dis- 
tribution through  the  season  of  the  water  for  the  land 
below  the  mountain  region  where  the  streams  originate, 
thus  preventing  floods  at  one  time  and  drought  when 
water  is  most  needed. 

QUESTIONS. 

1.  Why  are  the  water  and  land  so  closely  related'? 

2.  What   is   water  litigation? 

3.  Who  owns  the  water's  in  Wyoming? 

4.  Describe  the  process  of  acquiring  title  to  land  and  water. 

5.  What    are    the    duties    of    the    State    Engineer?     The    State 
Board  of  Control? 

6.  What  is  prior  appropriation? 

7.  What  is   desert   land?     Irrigation? 

8.  In    what    way    is    the    National     Government    interesteil     in 
the  desert  land  of  Wyoming? 

9.  What  is  meant  by  the  "reclamation  of  the  arid  region"? 

10.  Is     the     United     States     interested     in     any     reservoirs     in 
Wyoming? 

11.  What  is  a   National  Forest   Reserve? 

12.  Describe  the  relation  of  forests  to  irrigation. 

REFERENCES. 

Mead,   Irrigation   Institutions! 

Newell,  Irrigation. 

King,   Irrigation   and   Drainage. 


,,.._,  TllK   COVKKNMKiN'r   OF   WYOMING. 

Sniytlic,   The   Conquest   of   Arid   America. 

Roosevelt,  Winning  of   the   West. 

Gifford,  Practical  Forestry. 

U.  S.  Department  of  the  Interior,  Forest  Reserve  Manual. 

IT.  S.  Department  of  Agriculture,  Office  of  Experiment  Sta- 
tions: 

Bulletins  Nos.  86  and  104,  Mead  and  .Johnston,  The  Use  of 
Water  in  Irrigation. 

Bulletin  No.  81,  Buffum,  The  Use  of  Water  in  Irrigation  in 
"Wyoming. 


CHAPTER  XXI. 

Government    in   the    District,    Town,    City,    County    and 

State. 

The  general  laws  governing  a  school  district,  town,  city, 
county  and  State  arc  made  by  the  Legislature.  In  this 
way  uniform  laws  are  obtained  for  all  localities  of  tlie 
State.  If  one  school  district  has  free  text-books,  it  is  safe 
to  conclude  that  all  o*"  the  schools  have  the  free  text- 
book system,  because  the  laws  governing  one  locality 
govern  all  others.  The  salaries  of  all  county  superin- 
tendents and  city  officers  are  regulated  by  a  State  law; 
the  several  duties  of  the  officers  are  designated  by  legis- 
lative acts ;  the  limitation  of  officers'  responsibilities  is 
regulated  by  a  general  law;  the  number  of  county  officers 
and  school  trustees  and  the  powers  of  the  mayor  are  all 
governed  by  legislative  enactment. 

The  State  makes  the  laws,  but  designates  who  shall 
execute  them.  The  duty  falls  upon  the  officers  who  oc- 
cupy the  positions  created  by  the  general  laws. 

1.  THE   SCHOOL   DISTEICT.     (See   Education.) 

2.  THE  TOWN.  .       .   . 

A  local  it}'  containing  not  less  than  one  hundred  and 
fifty  people  may  be  incorporated  as  a  town  when  applica- 
tion is  made  by  a  majority  of  the  electors  in  the  district 
proposed  to  be  incorporated.  (R.  S.,  Sec.  1521.)  The 
application  is  made  to  the  county  commissioners,  who 
appoint  three  persons  whose  duty  it  is  to  call  a  special 
election  of  the  people  of  the  location  to  vote  upon  the 
(juestion  of  incorporation.  These  inspectors  act  as  judges 
of  the  election  on  this  (juestion.  as  well  as  of  the  election 
cf  officers  for  the  town.  The  municipal  officers  of  a  town 
elected  by  the  people  are  a  mayor,  who  is  elected  for  one 
year,  and  four  conncilrnen,  who  hold  office  for  two  vears. 


1S4  Tin-:   (U)VKKNMIONT   OV   WYOMING. 

The  maj'or  appoints  a  marshal,  who  is  cx-officio  lire  war- 
den and  street  commissioner,  one  clerk,  who  is  ex-officio 
assessor  and  a  treasnrer.  These  a])])ointments  are  for 
one  year.* 

:5.     THE   CITY. 

Cities  are  dixided  into  what  are  known  as  tirst  and  sec- 
ond class  cities.  When  any  city  or  town  has  attained  a 
population  of  more  than  four  thousand  inhal)itants,  the 
mayor  of  the  town  may  so  certify  to  the  Governor  of  the 
State  who  shall  declare  l>y  public  proclamation  the  city 
or  town  to  be  a  city  of  the  first  class.  (Cities  that  were 
organized  under  special  charter  may  reorganize  by  this 
method  abandoning  their  old  charters  and  adopting  new 
ones.)  Each  city  must  be  divided  into  at  least  three 
wards,  with  no  ward  containing  less  than  one  thousand 
inhabitants.  The  city  elections  are  held  the  Tuesday  fol- 
lowing the  first  Monday  in  November  of  each  year.  In 
the  absence  or  disability  of  a  mayor  the  president  of  the 
cit}^  council  shall  exercise  the  duties  of  the  office  of 
mayor.     (S.  L.  1907,  Ch.  71.) 

In  second  class  cities  there  are  three  wards,  and  the 
councilmen  are  elected  for  a  period  of  four  years.  Cities 
incorporated  under  a  special  charter  and  having  ten  thou- 
sand inhabitants  elect  the  councilmen  for  three  years. 
(S.  L.  1901,  Ch.  69.)  The  mayor  receives  a  salary  of  two 
hundred  dollars  a  year,  the  councilmen  each  fifty  dollars. 
(R.  S.,  Sec.  1674.)  Cities  of  the  first  class  may  have 
more  than  three  w^ards,  with  two  or  three  councilmen 
from  each  ward,  as  the  council  may  determine.  If  there 
are  two  elected  from  each  ward,  they  serve  for  two  years 
each  ;  if  three,  they  serve  for  three  years  each.  The  sala- 
ries of  the  mayor  and  councilmen  of  the  second  class  cities 


*Towns  having  a  population  of  ovei-  1,000  and  less  than  3,500  the 
term  of  office  foi"  Maj'oi-  is  for  two  years,  and  elections  for  this  office 
and  that  of  councilman  are  held  the  first  Tuesday  in  May. 


TI!K    ADMINIS'rK'ATlOX    OK    AFFAIRS.  Ks:) 

are  fixed  b}'  ordinance  of  the  last  council  meeting  prior  to 
the  beginning  of  their  respective  terms.  The  mayor's 
salary  cannot  exceed  five  hundred  dollars  a  year,  and  the 
councilmen  are  paid  according  to  the  number  ot  meet- 
ings attended.     (R.  S..  Sec.  1603.) 

llefore  a  general  law  was  enacted  regulating  the  estab- 
lishment of  cities,  special  charters  were  granted  by  the 
Legislature  to  Cheyenne,  Laramie,  llufTalo,  Sheridan  and 
Rawlins.  The  laws  governing  these  cities,  while  alike 
in  general  construction,  have  special  regulations  made  for 
each  locality  and  do  not  come  under  the  general  law  of 
the  classified  cities.  They  all  were  incorporated  during 
the  territorial  da}s ;  laws  governing  cities  of  the  first 
and  second  class  have  been  enacted  since  Wyoming  be- 
came a  State.  The  mayor,  I)y  and  with  the  consent  of 
the  council,  appoints  a  city  clerk,  attorney,  chief  of  the 
fire  department,  city  marshal  and  such  police  as  the  coun- 
cil may  authorize.  Their  term  of  ofBce  corresponds  with 
that  of  the  mayor.  (  R.  S.,  Sec.  1600.)  Police  justices  are 
also  a])pointed  l)y  the  mayor  with  the  consent  of  the  coun- 
cil. These,  under  the  general  law  governing  cities,  must 
be  duly  elected  justices  of  the  peace  for  the  precinct 
embraced  in  said  city  or  town.  If  the  city  is  incorporated 
under  a  special  charter,  the  police  justice  need  not  be  a 
Justice  of  the  Peace.  (S.  L.  190T,  Ch.  loi  ;  1903,  Ch.  21.) 
These  police  justices  have  jurisdiction  over  the  municipal 
courts  for  the  trial  of  ofTenses  arising  under  the  ordi- 
nances of  the  city  or  town.  Appeals  from  the  decisions 
of  this  court  can  ])e  taken  to  the  district  court  in  all 
cases.      (S.  L.   1903,  Ch.  lOi,  Sec.  4.) 

The  cities  described  are  corporations,  and  as  such  have 
power  to  sue  or  be  sued  ;  to  purchase  and  hold  real  and 
l)ersonal  property  for  the  use  of  the  city ;  to  sell  and 
conve}'  any  real  or  personal  estate  owned  by  the  city;  to 
make  contracts  for  the  city  ;  to  incur  the  indebtedness  as 
maA^   be   necessary.     The   granted   powers   are   exercised 


1S(^  THK   (iOVKKNMKNT   OF  WYOMING. 

by  the  mayor  and  the  council.  (R.  S.,  Sec.  1595.)  These 
ofticers  hold  rej^^ular  council  meetings  at  such  times  as 
are  fixed  by  the  ordinance.  The  mayor  presides  at  all  of 
these  meetings  and  has  superintending  control  of  all  of 
the  officers  and  affairs  of  the  city  and  acts  as  the  exec- 
utive in  relation  to  the  ordinance  of  the  city.  He  has 
the  power  to  veto  any  ordinance,  resolution  or  by-law 
])assed  by  the  council,  but  by  a  two-thirds'  vote  of  the  , 
members  of  the  council  it  may  be  passed  over  the  veto. 
In  case  of  the  death  or  removal  of  the  mayor,  the  presi- 
dent of  the  council  is  the  acting  mayor. 

The  City  Clerk  has  in  his  care  all  of  the  city  laws  and 
ordinances;  he  keeps  a  record  of  the  proceedings  of  the 
council  and  the  amv>unts  paid  out  of  the  city  funds. 

The  Treasurer  is  the  custodian  of  the  money  belong- 
ing to  the  city.  He  pays  all  bills  against  the  corporation 
b}'  warrants  and  collects  the  city  taxes. 

The  Attorney  is  the  legal  adviser  of  the  council  and 
the  city  officers.  He  prosecutes  and  defends  all  suits 
on  behalf  of  the  city,  and  gives  his  opinion  at  the  coun- 
cil meetings  when  required,  upon  any  matter  submitted 
to  him. 

The  Engineer  makes  the  surveys  necessary  for  sewers, 
water  works,  grades,  bridges  and  improvements  of  the 
streets.  He  makes  the  estimates  for  the  city  for  any 
proposed  building  or  city  improvement. 

The  Marshal  has  supervision  of  the  police  and  with 
them  has  the  power  to  arrest  all  offenders  against  the 
laws  of  the  State  or  city  and  to  keep  them  in  the  city 
prison  until  a  trial  or  examination  may  be  made  before 
the  proper  officer.  He  has  the  same  power  as  sheriffs 
and  constables  in  relation  to  all  criminal  matters  in  his 
jurisdiction. 


Tllf:    ADMINISTRATION    OF    AFFAIRS.  ],S7 

Cities  ])y  their  mayor  or  council  have  power  by  ordi- 
nance to  levy  taxes  for  general  revenue  purposes  on  all 
l)roperty  within  the  limits  of  the  city;  to  provide  for  the 
grading  and  repairing  of  streets  and  alleys  and  construc- 
tion of  bridges,  culverts  and  sewers ;  to  improve,  locate 
and  name  any  street,  avenue  or  park ;  to  repair  side- 
walks and  to  collect  a  license  tax  on  dogs ;  to  prevent 
and  punish  horse  racing  or  fast  driving  on  the  streets ; 
to  contract  with  companies  for  municipal  lighting  of  the 
streets ;  to  regulate  the  crossing  of  railway  tracks ;  to 
establish  public  libraries ;  to  borrow  mone}'  on  the  credit 
of  the  city ;  to  provide  for  issuing  bonds  for  the  pur- 
pose of  funding  any  city  indebtedness ;  to  remove  city 
officers  for  misconduct;  to  make  the  census  of  the  city; 
to  establish  a  system  of  water  works ;  to  provide  for  the 
organization  and  support  of  a  fire  department ;  to  estab- 
lish standard  weights  and  measurements ;  to  license,  re- 
strain or  regulate  the  selling  or  giving  away  of  intoxi- 
cating liquors ;  to  prohibit  or  restrain  games  of  chance, 
opium  dens  and  other  disorderly  houses :  to  prevent 
riots  and  disturbances  in  the  streets ;  to  regulate  the  dis- 
charge of  firearms,  rockets  or  fireworks  and  the  trans- 
portation and  storage  of  explosive  articles ;  to  provide 
for  the  punishment  of  thieves,  tramps  and  common  beg- 
gars ;  to  license  churches,  opera  houses  and  places  of 
amusement;  to  provide  for  fire  protection;  to  prohibit 
the  running  at  large  of  cattle,  horses  and  other  animals ; 
to  make  regulations  to  prevent  the  introduction  of  con- 
tagious diseases  and  to  create  a  board  of  health  to  make 
([uarantine  laws  for  this  purpose ;  to  create  and  estab- 
lish hospitals,  poor-houses  and  jails;  to  secure  the  gen- 
eral health  of  the  city;  to  keep  in  order  slaughter  houses, 
stock  yards  and  stables ;  to  purchase  a  city  cemetery 
and  sell  lots  in  same  ;  to  make  all  such  ordinances,  by- 
laws, rules  and  regulations  not  inconsistent  with  the 
law'S  of  the  State  as  may  be  necessary  for  good  govern- 


IHK  'rilK   (i()VKI»'.\.M  i:.\"l'   OF    \V\()MI\li. 

iiieiit.  (  l\.  S..  Sec.  K)^/.  I  In  order  thai  the  public  may 
know  \\liat  the  officers  of  the  city  are  (loin.i;\  the  law 
recitiire^  that  all  councils  in  incorporated  cities  shall 
]nd)lish  in  the  ne\vspai)er  proceeding's  of  their  meetings, 
stating-  what  ordinances  were  ])assed  and  all  hills  al- 
lowed, the  amount,  for  what  purpose,  and  by  whom  pre- 
sented.     (S.    L.    1903.    (h.    51.) 

4.     TTIK  ('Ol'NTV. 

The  count}'  and  ])recinct  officers  are  elected  by  the 
people  of  their  respective  counties  and  hold  office  for  two 
rears.  The  election  takes  ])lacc  at  the  time  of  the  gen- 
eral election.  These  officers  are  the  clerk,  commission- 
ers, surx'cyor.  sheriff,  treasurer,  county  and  prosecuting 
attorney.  su])erintendent  of  schools,  coroner,  constables 
and  a  clerk  of  the  district  court  for  each  county.  When 
a  county  has  an  assessed  valuation  of  less  than  five 
million  dollars,  the  county  clerk  acts  as  ex-officio  clerk 
of  the  district  court  without  extra  cfimpensation.  (R.  S., 
Sec.  202.) 

There  are  thirteen  counties  in  \\\voming.  with  the 
county   seats   as   follows: 

County.  County  Seat. 

Albany .  .  .  Laramie 

Big  Horn Basin  City 

Carbon Rawlins 

Converse    Douglas 

Crook    Sundance 

Fremont    Lander 

Johnson   •. Buffalo 

Laramie Cheyenne 

Natrona    Casper 

Sheridan • Sheridan 

Sweetwater Green  River 

LTinta   Evanston 

W^eston Newcastle 


THE    ADMINIHTRATIOX    OF    AFFAIRS.  ]S!t 

Counties  are  formed  in  much  the  same  manner  as  are 
towns  and  cities.  In  this  case,  however,  the  petition  is 
hied  with  the  Ciovernor  to  appoint  three  commissioners 
to  conduct  the  election.  ( R.  S.,  Sec.  1003.)  No  county 
can  be  organized  unless  it  contains  within  its  limits  prop- 
erty of  the  valuation  of  two  million  dollars,  and  not  then 
unless  the  remaining"  portion  of  the  county  from  which 
the  new  one  is  to  be  created  contains  at  least  three  million 
dollars.  Xew  counties  to  be  organized  must  contain  at 
least  one  thousand  five  hundred  bona  fide  inhabitants,  and 
no  count}^  can  be  divided  unless  a  majorit}^  of  the  quali- 
fied voters  of  the  area  to  be  separated  votes  in  favor  of 
the  division.      (Const.,  Art.  XII,  Sec.  2.) 

At  the  time  of  the  election  of  the  county  officers  the 
members  of  the  Legislature  are  elected  from  each  county, 
h^ach  county  is  a  legislative  district. 

Any  vacancy  occurring  in  a  county  or  precinct  office  is 
filled  by  the  county  commissioners.  This  rule  does  not 
apply  to  a  member  of  the  Legislature,  whose  place  must 
be  filled  at  an  election  by  the  electors  of  the  county. 

The  clerk,  sherifif  and  treasurer  are  provided  with 
offices  at  the  court-house  situated  at  the  county  seat  of 
their  county,  and  all  Ijooks  and  records  required  for  their 
offices  are  open  for  examination  by  any  person.  The 
other  county  officers  reside  at  the  county  seat,  but  no 
special  provision  is  made  for  their  offices.  (R.  S..  Sec. 
1222.)  All  county  officers  serve  for  a  term  of  two  years, 
except  the  commissioners,  two  of  whom  are  elected  for 
two  years  and  one  for  four  years.  The  term  of  office 
commences  on  the  first  Monday  in  January  of  the  odd- 
numbered  3'ears. 

The  County  Clerk  acts  as  the  secretary  to  the  commis- 
sioners and  keeps  the  seal,  records  and  papers  of  the 
board.  He  keeps  a  record  of  licenses  issued  b}^  his  office 
and  also  of  all  deeds,  mortgages,  bonds,  maps  and  in- 
struments authorized  bv  law  to  be  so  recorded.     The  ab- 


1((0  TIIK   GOVERNMENT   OF  WYOMING. 

stract  books  in  which  are  recorded  transfers  and  niort- 
g-ag-es  of  real  property,  and  abstract  entries  of  land 
describing  the  legal  subdivisions  of  the  location  accord- 
ing to  the  United  States  surveys  are  kept  in  his  office. 
(  R.  S.,  Sees.  1 145,  1 146,  1148-1153.)  He  issues  warrants 
on  the  county  treasurer.  These  warrants  are  signed  by 
the  chairman  of  the  board  of  county  commissioners,  coun- 
tersigned by  the  treasurer  and  attested  by  the  clerk's  seal. 
The  salary  varies  from  eighteen  to  twelve  hundred  dol- 
lars a  year  according  to  the  class  of  the  county — first, 
second,  third  or  fourth  class. 

The  County  Commissioners,  consisting  of  three  mem- 
bers, meet  at  the  county  seats  of  their  respective  counties 
on  the  first  Tuesday  of  each  month.  (S.  L.  1903,  Ch.  Ii.) 
The  powers  granted  a  corporate  body  are  exercised  by 
this  board.  (R.  S.,  Sec.  1055.)  They  have  the  power  to 
make  orders  concerning  the  property  of  the  county  as 
they  may  think  expedient ;  to  settle  accounts  against  the 
county ;  to  build  and  repair  bridges ;  to  apportion  and 
order  the  levying  of  taxes  ;  to  manage  the  business  of  the 
county  in  all  cases  where  no  provision  is  made  by  law ;  to 
establish  election  precincts;  to  make  and  keep  in  repair 
the  county  roads  and  bridge?.  (Sec.  1058.)  They  have 
entire  and  exclusive  superintendence  of  the  poor  in  their 
respective  counties.  (Sec.  1258.)  Counties  can  sue  and 
be  sued ;  purchase  and  hold  real  estate ;  make  contracts 
and  do  all  acts  in  relation  to  the  prosperity  and  concerns 
of  the  county  necessary  to  the  exercise  of  its  corporative 
power.  The  commissioners  receive  an  annual  salary  of 
two  hundred  dollars  and  a  per  diem  compensation  of  five 
dollars  for  each  day  employed  in  the  discharge  of  their 
duties.      (Sec.   1072.) 

The  Surveyor  makes  and  conducts  all  surveys  for  the 
county,  and  keeps  plats  of  the  surveys  on  file  in  his  office. 
He   determines   the   proper   location  by   monument   and 


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THK    ADMINISTI^ITION    OF    AFFA1K8.  lit:; 

l:)()un(lary  lines  and  makes  surveys  to  estal)lisli  corner  of 
tracts  when  in  dispute  between  owners.  He  receives 
eig'ht  dollars  a  day  for  actual  service.      (Sec.  1184.) 

The  Sheriff  in  person  or  by  his  deputies  serves  and  exe- 
cutes according  to  law  all  processes,  writs,  precepts  and 
orders  issued  out  of  any  court  of  record  in  his  county,  in 
all  criminal  and  civil  cases.  He  preserves  and  keeps  the 
peace  in  his  county  and  suppresses  all  riots,  unlawful  as- 
semblies and  insurrections.  In  securing  any  person  for 
felony  or  breach  of  peace  he  may  call  to  his  aid  such  per- 
sons as  he  may  deem  necessary.  His  salary  is  from 
eighteen  to  twelve  hundred  dollars  a  year,  according  to 
the  class  of  county,  and  fees  from  parties  from  whom  he 
has  rendered  service  in  serving  and  returning  any  writ 
or  orders  of  attachment  or  other  service  in  civil  cases. 
fSec.  mi.) 

The  County  Treasurer  collects  all  of  the  taxes  and 
keeps  a  record  of  the  receipts  and  expenditures  of  the 
county.  He  is  custodian  of  the  county  funds  and  issues 
warrants  for  the  county's  obligations.  The  State  taxes 
from  his  county  are  paid  and  he  pays  them  to  the  State 
Treasurer.  The  salary  is  from  eighteen  hundred  to  one 
thousand  dollars.     (Sec.  1083.) 

The  County  and  Prosecuting  Attorney  appears  in  the 
district  court  in  behalf  of  the  State  and  county  he  repre- 
sents, in  all  indictments,  suits  and  proceedings  to  which 
the  State  or  the  people  of  the  county  may  be  a  party.  He 
is  the  legal  adviser  of  the  county  officials,  giving  his 
opinion  upon  all  questions  of  law  having  reference  to  the 
duties  of  such  of^cers.  His  salary  varies  from  fifteen 
hundred  to  six  hundred  dollars,  according  to  the  class  of 
the  county.      (Sec.  1103.) 

The  Superintendent  of  Schools.     (See  Education.) 
The    county    commissioners    divide    their    county    into 
assessment  districts  and  appoint  an  assessor  for  each  dis- 


|<I4  'rill':    (iON'KlxNM  K.N'I'    <)l''    \VV(>.\II.\(i. 

trict  :  i1r'\-  also  a|)i)()int  a  supervising  assessor.  'Hk-  tc-rin 
of  office  is  for  one  year.  'iMie  assessors  enter  upon  llieir 
duties  the  first  clay  in  .\])ril  of  each  year.  'Phe  district 
assessor  obtains  a  list  of  e\ery  kinrl  of  property,  real  and 
l)ersonal,  in  his  district  which  is  subject  to  taxation,  un- 
less the  valuation  has  be<?n  fixed  and  limited  b}'  the  State 
Hoard  of  iMpialization.  'Phcse  assessment  schedules  are 
sent  to  the  sui)ervisin!4-  assessor  of  the  county,  who  makes 
up  the  count}'  assessment  roll  from  these  schedules  and 
fnrni^hes  the  county  commissioners  with  a  copy.  The 
sui)ervisin<T;'  assessor  has  his  office  at  the  county  seat,  and 
keeps  a  list  of  the  i)roperty  in  his  county  subject  to  taxa- 
tion as  returned  to  him  by  these  district  assessors.  'Phe 
district  assessors  make  a  census  schedule  of  their  dis- 
tricts containing-  a  list  of  e\'ery  ])crson.  their  color,  sex. 
age,  nativity,  citizenship,  occupation  and  education,  and 
also  general  information  as  to  the  acres  of  land  under 
ctjltixation.  what  cro])s  are  grown,  the  amount  of  live 
stock,  the  ((uantity  of  merchandise  and  manufactured 
goods,  the  value  of  the  precious  metals  and  the  kind 
mined  and  sold.  'Phese  reports  are  sent  to  the  su])ervis- 
ing  assessor,  who  in  turn  sends  to  the  Secretary  of  State 
a  complete  statement  of  the  facts  obtained.  P^rom  these 
data  the  .Secretary  compiles  a  report  upon  the  resources 
of  the  State  and  has  it  published  in  pamphlet  form  for 
free  distribution,  to  give  general  information  about  the 
State.  The  supervising  assessor  receives  an  annual  sal- 
arv  of  five  to  three  hundred  dollars,  and  the  district  as- 
sessor three  to  one  hundred  and  fifty  dollars,  according 
to  the  class  of  the  county.     (S.  I..  1903,  Ch.  79. j 

The  Coroner  holds  incpiests  upon  all  persons  wlio  have 
died  by  unlawful  means,  the  cause  of  whose  death  is  un- 
known, or  who  have  died  by  violence.  It  is  his  duty 
when  he  finds  the  dead  body  of  any  person  who  has  died 
bv   unnatural  means  to  summon  three  citizens  to  act  as 


THK    ADMINISTRATION     OK    AFFAIRS.  1',).') 

jurors  at  the  iiu|ucsl.  The  jurors  hear  the  testimony 
and  make  needful  in(|uiries  in  reference  to  the  deceased 
and  return  to  the  coroner  their  verdict  as  to  when  and 
how  and  1)\  what  means  the  death  occurred.  If  the 
jurors  find  a  crime  has  l)een  connnitteil  on  the  deceased 
and  believe  that  they  know  the  offender,  the  coroner 
has  power  to  issue  a  warrant  to  the  sheriff  to  have  the 
offending-  part}-  arrested  and  taken  before  the  justice  of 
the  peace  for  trial.  The  coroner's  salary  is  five  dollars  a 
day  when  actually  employed.  When  the  sheriff'  is  a 
party  to  a  cause  or  proceeding;,  the  coroner  becomes 
the  actino-  sheriff.      (Sec.    ii/O. ) 

The  Justices  of  the  Peace.  (See  Administration  of 
justice  and  judicial    Department.) 

The  Constables  are  elected  l^y  the  people  of  the  pre- 
cincts and  not  l)}'  the  entire  cotmty.  Each  precinct  is 
entitled  to  a  constal)le.  Their  duties  are  to  ser\e  and  exe- 
cute al!  warrants  and  writs  delivered  to  them  by  the 
Justice  of  the  Peace  of  their  precinct.  They  arrest  and 
bring  to  justice  all  felons  and  disturbers  and  violators 
of  the  criminal  la\vs  of  the  State  and  suppress  all  riots 
and  tinlawful  assemblies.  The  salary  attached  to  this 
office  is  regulated  by  the  popidation  of  the  incorporated 
city  or  town  formino-  a  part  of  the  precinct.  If  the  pre- 
cinct is  not  embraced  in  any  incorporation,  the  constables 
receive  fees  for  their  services.      (Sec.  4316,  4523.) 

The  Clerk  of  the  District  Court  keeps  the  dockets, 
journals,  record  books  and  papers  relating  to  the  pro- 
ceedings of  the  district  court  of  his  county  and  records 
its  proceedings.  He  issues  writs  and  orders  as  directed 
by  the  court  and  keeps  a  record  of  all  verdicts  and  jtidg- 
ments  and  attaches  the  court  seal  to  all  offfcial  papers. 
The  clerk  receives  a  salary  of  twelve  hundred  dollars  a 
vear   in   counties    where   the   assessed   valuation    is   more 


i;)(>  THK   (iOVERNMENT   OF   WYOMING. 

than  tivc  million  dollars,  in  counties  having  a  less 
valuation  the  county  clerk  acts  as  ex-officio  clerk  with- 
out extra  compensation.      (Sec.  3416,  3429.) 

QUESTIONS. 

1.  Who  made  the  laws  governing  your  locality? 

2.  What  is  meant  by  the   term  incorporated  town? 

3.  How  do  3^ou  distinguish  between  a  town  and  a  city? 

4.  Wliy  are  cities  and  counties  divided  into  first,  second  and 
third  classes? 

5.  If  you  wished  to  have  your  neighbor  repair  his  sidewalks, 
which  were  in  a  dangerous  condition,  how  would  j'ou  proceed  to 
accomplish  this? 

6.  Who   is  the   chief   executive   of  a  city? 

7.  Name  the  city  officers.     What  are  tlveir  duties? 

8.  Who  levies  taxes  where  you  live? 

9.  Explain  the  process  by  which  a  public  park  could  be 
started   in   a   city.     Who    regulates   affairs   of   this   nature? 

10.  Who  has  control  of  the  poor  in  your  locality?  How  are 
they   taken   care   of   and   at   whose   expense? 

11.  Who  takes  the  census  of  a  city  and  county? 

12.  May  a  city  or  county  contract  a  debt?  If  so,  who  is  re- 
sponsible for  it? 

13.  Name  and  locate  the  counties  and  tlieir  county  seats. 

14.  What  is  the  population  of  your  county?  For  whom  or 
what   was  it   named? 

15.  What   is  a  Legislative  District? 

16.  Who  are  the  members  of  the  Legislature  from  your  county? 

17.  Wlien  docs  the  term  of  office  commence  for  county  officers? 
How  long  is  their  term  of  office? 

IS.  Explain  what  the  County  Commissioners  have  done  for 
your  locality. 

19.  What  are  the  duties  of  the  County  and  Prosecuting  At- 
torney? 

20.  Name   the   county  officers  and  their  duties. 

REFERENCES. 

(Soe  Chapter  XXIT.) 


CHAPTER  XXII. 

Government   in    the    District,    Town,    City,    County    and 
State. — Continued. 

5.     THE  STATE. 

The  State  Officeis  and  their  duties,  as  provided  by  the 
Constitution  have  been  enumerated.  (Part  11.)  The 
legislature  has  exercised  its  authority  and  has  created 
other  State  offices,  which  are  filled  by  appointment  from 
the  Governor  and  confirmed  by  the  Senate.  The  Gov- 
ernor has  power  to  fill  any  vacancy  which  may  occur  in 
a  State  office  when  the  Legislature  is  not  in  session. 
The  appointment  lasts  until  the  next  session  of  the 
Legislature,  when  the  officer  is  reappointed  or  a  new 
appointment  is  made.  If  the  office  is  elective,  the  term 
is  until  the  next  general  election. 

The  Attorney-General  must  be  an  attorney  and  have 
])racticed  law  in  the  State  for  at  least  four  years  and  be 
in  good  standing  in  the  courts  of  record  in  the  State. 
He  is  the  legal  adviser  of  all  the  State  officers,  and  of  the 
prosecuting  attorneys  of  the  State  and  gives  legal  opin- 
ions upon  questions  submitted  to  him  by  the  Legisla- 
ture when  in  session.  He  prosecutes  and  defends  all 
suits  that  may  be  instituted  by  or  against  the  State, 
which  are  not  otherwise  provided  for  "by  lav/.  He  defends 
all  suits  brought  against  the  State  officers  in  their  offi- 
cial relations,  except  suits  brought  against  them  by  the 
State  and  he  represents  the  State  in  all  criminal  cases  in 
the  Supreme  Court.  When  a  complaint  or  charge  is 
made  by  the  Governor  of  misconduct  in  office  by  any  of 
the  county  officers  the  matter  is  placed  in  charge  of  the 
Attorney-General  to  investigate.  A  report  of  this 
investigation  and  his  recommendations  are  given  to  the 
ciistrict  court  of  the   countv.     A\'hen  county  officers   re- 


I'JH  THK   OOVERNMKNT   OF  WYOMING. 

fuse  to  ol)ey  instructions  of  the  State  J'^xaniiner,  tlie 
Attorney-General  has  the  power  to  take  action  and  en- 
force a  compliance  with  the  Examiner's  instructions. 
He  has  power  to  commence  action  in  the  district  courts 
and  to  dissolve  banking  associations  that  are  violating 
the  i)rivilege  of  tiieir  franchise  and  to  enforce  the  pro- 
visions which  regulate  foreign  corporations  in  the  State. 
His  further  duties  are  to  examine,  pass  upon  and  ap- 
prove, as  legal,  all  i^ublic  securities  l)efore  any  of  the 
permanent  funds  of  the  State  shall  be  invested,  as  well  as 
to  pass  upon  and  approve  all  official  bonds  to  be  exe- 
cuted by  State  ofificials.  He  is  appointed  for  four  years 
and  his  salar}^  is  three  thousand  dollars  a  year.  (R.  S., 
Sees.  94-100,  127,  140,  605,  3101  ;  S.  L.  1901,  Ch.  83,  Sec. 
4;  1903.  Chs.  30,  40.  Sec.  2;  S.  L.  1907,  Ch.  19.) 

The  Veterinarian,  who  is  appointed  for  two  years, 
must  be  a  graduate  of  a  college  of  veterinary  surgery  and 
a  competent  surgeon  in  this  science.  He  investigates 
cases  of  contagious  and  infectious  diseases  among  the 
cattle  of  the  State.  He  has  authorit}^  to  investigate  stock 
that  are  being  imported  in  or  through  the  State.  No 
animals  pronounced  unsound  by  the  Veterinary  can  be 
turned  loose,  but  are  held  subject  to  his  orders.  He  has 
power  to  have  all  diseased  animals  killed.  It  is  unlaw- 
ful to  sell  or  give  away  or  kill  for  butcher  purposes  ati 
animal  affected  with  contagious  disease.  The  salary  is 
eighteen  hundred  dollars.      (Sec.  145.) 

The  Board  of  Live  Stock  Commissioners  is  composed 
of  three  members,  who  hold  their  office  for  a  term  of  two 
years.  They  must  be  actual  owners  of  live  stock,  or 
owners  of  stock  in  a  company  having  live  stock  running 
at  large  upon  the  public  lands  of  the  State.  The  board 
has  general  supervision  over  the  live  stock  of  the  State 
and  protects  the  stock  interests  from  theft  and  disease. 
It  divides  the   State   into  "round-up"  districts,  i;nd  ap- 


THE    ADMINISTKaTION    OF    AFFAIRS.  in«» 

points  a  commissioner  for  each  of  these  districts,  who 
looks  after  the  interests  of  the  stockmen  of  their  re- 
spective districts.  The  board  also  appoints  inspectors 
for  the  better  protection  of  the  live  stock  interests  and 
places  them  at  such  places  as  will  most  effectively  pre- 
vent the  violation  of  any  of  the  State  laws  for  the  protec- 
tion of  stock.  A  secretary  is  appointed  for  the  board, 
who  keeps  a  list  of  the  brands  of  the  owners  of  live  stock 
in  the  State.  He  also  keeps  a  list  of  the  estrays.  (Es- 
trays  are  live  stock  owners  of  which  are  unknown.) 
A  brand  is  the  individual  mark  of  a  live  stock  owner. 
This  mark,  or  character,  or  letters,  is  burned  on  the  ani- 
mal's skin.  In  this  way  the  stockmen  can  claim  their 
stock  when  different  herds  are  running  at  large  on  the 
range.  Anyone  who  alters  or  defaces  a  l)rand  on  any 
cattle  commits  a  penitentiary  oft'ense,  punishable  from 
six  months  to  five  years  in  prison.  (Sec.  4989.)  All 
brands  must  be  recorded  in  the  ofifice  of  the  county  clerk 
of  the  county  where  the  cattle  range,  or  feed. 

A  stockman  is  authorized  to  sell  an  estray,  provided 
he  remits  to  the  secretary  of  this  board  the  amount  re- 
ceived for  the  sale.  This  money  is  refunded  to  the  owner 
of  the  animal  if  satisfactory  proof  is  given  of  the  owner- 
ship. If  no  ownership  is  established,  the  proceeds  of 
the  sale  go  into  the  general  fund  of  the  State.  The  com- 
missioners receive  no  salary.  Their  necessary  incidental 
expenses  are  paid  to  the  amount  of  one  thousand  dollars 
a  year.     (Sec.  2017.) 

The  Board  of  Sheep  Commissioners  consists  of  three 
members,  who  must  be  owners  of  sheep  and  residents  of 
the  State.  They  serve-  for  two  years.  Their  duties  are 
the  general  supervision  of  the  sheep  interests  of  the  State. 
They  protect  them  from  theft  and  disease  and  they  make 
recommendations  to  the  Legislature  that  will  foster  and 
develop  this  industry.     They  have  the  authority  to  ap- 


200  'I'lllO   (iOVEUNMILXT   OF   WYOMING. 

point  shcc'i)  inspectors,  who  act  under  the  directions  of 
the  hoard  and  the  State  Veterinarian.  Inspectors  ex- 
amine Ijands  of  sheep  and  ascertain  whether  they  are  free 
from  scab  or  other  disease.  The  inspectors  have  au- 
thority to  cpiarantine  sheep  infected  with  such  contas^ious 
disease  and  require  the  owners  to  treat  the  sheejj.  This 
is  accomplished  by  the  process  of  dippino^  the  animals 
in  a  chemical  solution  and  freeing  them  from  their  diffi- 
culty. The  cattle  and  sheep  industry  is  the  leading  one 
in  this  State,  and  many  more  laws  are  enacted  for  the 
better  protection  of  stock-raising  than  are  necessary  in 
those  States  where  this  industry  is  of  minor  importance. 

The  board  receives  no  salary,  but  the  inspectors  are 
paid  five  dollars  a  day  for  actual  service.  (Sec.  2074.) 
The  Board  of  Live  Stock  and  Sheep  Commissioners 
co-operate  with  the  Secretary  of  Agriculture  of  the 
United  States  in  the  attempt  to  suppress  and  prevent 
pleuro-pneumonia  and  contagious  diseases  among  do- 
mestic animals.  Inspectors  of  the  United  States  Bureau 
of  Animal  Industry  have  the  same  power  in  this  State 
as  our  State  Veterinarian  and  stock  inspectors.  (S.  L. 
1903,  Ch.  61.) 

Through  the  efiforts  of  the  stockmen  an  act  has  been 
passed  by  the  Legislature  to  encourage  the  destruction 
of  wild  animals  who  live  on  other  animals.  Cattle  and 
sheep  are  killed  by  these  animals,  and  a  bounty  is  oiTered 
for  the  destruction  of  each  and  every  one  ;  for  a  coyote 
so  destro3'e(l,  one  dollar  and  fifty  cents;  for  each  gray  or 
black  wolf  or  mountain  lion,  five  dollars.  The  entire 
skin  of  each  animal  with  all  four  paws  attached  thereto 
is  presented  to  the  county  clerk  or  notary  public  of  the 
county  in  which  the  animal  was  killed.  The  clerk  issues 
a  certificate  for  the  person  presenting  the  skins,  stating 
the  number  and  kind  of  animals  killed  and  the  sum  to  be 
received  ;  the  county  clerk  cuts  ofif  each  paw  and  makes  a 
jnmch  mark  in  the  ears  of  each  skin  ]:)resented  and  for- 


THE    ADMINISTEATION    OF    AFFAIRS.  201 

wards  a  statement  of  the  fact  to  the  State  Auditor,  with 
the  necessary  certificate  as  to  the  animals  destroyed  and 
by  whom.  The  State  warrant  is  drawn  in  favor  of  the 
one  who  presented  the  skins,  and  sent  to  the  county 
clerk  for  delivery  to  the  owner.  The  last  appropriation 
made  under  this  act  was  forty  thousand  dollars,  but  it 
was  all  spent  in  bounties  long  before  the  meeting  of  the 
next  Legislature,  when  another  appropriation  might  be 
made.      (S.   L.   1903,  Ch.  43.) 

The  State  Librarian  is  appointed  for  two  years.  The 
ofitice,  the  State  library,  is  situated  in  the  capitol  building 
at  Cheyenne.  The  Librarian  has  charge  of  all  books  and 
papers  of  the  State  which  properly  belong  to  the  library 
and  keeps  a  file  of  all  the  papers  published  in  the  State. 
Man}-  of  the  books  in  the  library  are  journals,  legislative 
documents  and  statutes,  books  of  great  value  for  refer- 
ence and  use  to  the  legal  ])rofession.  Ry  legislati\-e 
enactment  the  State  library  is  designated  as  the  State 
Law  Library.     (R.  S.,  Sec.  475.) 

-Ml  books,  maps  and  charts  designed  and  intended  for 
the  use  of  this  State  must  be  deposited  with  the  State 
Librarian.  Fifteen  thousand  acres  of  land  from  the 
260,000  acres  donated  to  the  State  for  State,  charitable 
educational,  penal  and  reformatory  institutions  are  set 
aside  for  the  use  of  the  State  law  library. 

The  Librarian  has  supervision  over  the  Miscellaneous 
State  Library,  the  books  of  which  are  kept  with  those  of 
the  law  library.  This  library  also  has  fifteen  thoiisand 
acres  set  aside  for  its  u.'^e.       (Sec.  455.) 

The  United  States  Go\ernment  adopts  standard 
weights,  measures  and  balances,  and  this  State  has  adopt- 
«  d  and  established  them  as  the  legal  public  standard  for 
scales.  These  standards  of  measurement  are  sent  b}^  the 
I'nited  States  to  all  of  the  States  and  placed  in  the  care 
of  some  officer,   who  acts  as  custodian  of  the   propertv 


202  THE  GOVHRNMKNT   OF   WYOMING. 

and  uses  thotn  to  test  and  verify  the  weights,  measures 
and  balances  of  those  who  use  them  in  mercantile  busi- 
ness. The  State  Librarian  acts  as  the  superintendent  in 
this  State.  (Sec.  2308.)  The  Librarian  receives  a  salary 
of  thirteen  hundred  dollars  a  3'ear.  fS.  L.  1903,  Ch.  87, 
S.   L.   1907,  Ch.  56.) 

County  commissioners  are  empowered  to  establish  and 
maintain  county  libraries  at  tlie  expense  of  the  tax- 
payers of  the  county  in  which  the  library  is  situated. 
Before  the  tax  can  be  levied,  the  citizens  of  the  county 
must  give  a  bond  that  a  suitable  place  will  be  perma- 
nently furnished  for  the  protection  of  the  books  and  for 
the  use  of  a  public  library;  then  the  county  commission- 
ers may  levy  an  annual  tax  of  not  less  than  one-eighth 
nor  more  than  one-half  of  a  mill  on  the  property  of  the 
county  for  the  support  of  the  library  to  be  located  at  the 
county  seat.  The  citizens  must  pay  rent  for  a  proper 
building,  the  tax  pays  all  of  the  other  expenses.  A  board 
of  trustees  consisting  of  three  members  is  appointed  by 
the  county  commissioners,  the  term  of  office  for  each 
is  for  three  years.  The  trustees  buy  the  books  and  ap- 
point the  librarian  and  regulate  the  compensation  for  ser- 
vice. Every  county  library  is  for  the  free  use  of  the 
citizens  of  the  county.  (Sec.  1019;  S.  L.  1907,  Ch.  45.) 
All  of  the  counties  have  not  taken  advantage  of  this  law, 
but  those  which  have  do  not  question  the  benefits  de- 
rived from  this  form  of  public  education.  Next  to  the 
public  schools  the  libraries  are  the  wisest  form  of  popular, 
public  education,  the  results  depending  largely  upon  the 
wisdom  of  the  trustees  and  the  librarian  in  their  selec- 
tion of  books  and  rules  governing  the  use  of  the  library. 
The  county  commissioners  of  Laramie,  Albany,  Uinta, 
Sheridan,  Sweetwater,  Natrona  and  Fremont  counties 
have  each  accepted  a  gift  from  Mr.  Andrew  Carnegie  for 
the  erection  of  a  public  library.  The  donation  was  given 
on  the  condition  that  the  county  commissioners  of  Lara- 


>^ 


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rr  S  CD 

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TUK    ADMINISTKATIOX    OF    AFFAIRS.  iHi") 

niie  county  would  annually  expend  for  tlie  u.-e  ol  ihe 
libraiy  a  sum  of  three  thousand  dollars,  or  six  jier  cent  of 
the  sum  ap])ropriate(l,  which  was  $50,000,  and,  that  the 
other  counties  \^■ould  annually  raise  one-tenth  of  the  sum 
g'iven  for  their  lil^raries.  'I'he  donations  for  the  other 
libraries  \aries  from  $10,000  to  $20,000  each.  Mr.  Car- 
negie now  makes  it  a  rule  not  to  give  any  library  dona- 
tions unless  one-tenth  of  the  sum  to  be  given  is  raised  by 
tax  and  expended  annually  for  lilirary  purposes.  These 
libraries  are  located  at  the  county  seats  of  the  respective 
counties  in  which  they  are  situated. 

A  city  council  may  make  provision  to  pay  part  of  the 
expenses  of  a  county  library  situated  within  its  limits, 
when  the  building  for  the  use  of  the  library  has  been 
donated.  (S.  L.  1903,  Ch.  88.)  Some  towns  have  public 
libraries  which  are  maintained  largely  through  the  indi- 
vidual efforts  of  the  local  citizens.  There  are  also  travel- 
ing libraries  which  are  sent  from  one  ranch  to  another 
for  public  use.  The  university,  believing  that  education 
and  a  library  are  inseparable,  has  maintained  a  liberal 
policy  towar<l  its  library  and  has  in  eighteen  years  accu- 
mulated a  library  of  over  tvv'enty  thousand  valuable  vol- 
umes. 

The  Wyoming  Historical  Society  is  under  the  control 
of  a  board  of  trustees,  consisting  of  six  members  each 
appointed  for  six  years,  and  the  Governor,  Secretary  of 
State  and  Librarian  who  act  as  ex-ofificio  members.  The 
object  of  this  society  is  to  collect  and  preserve  all  records 
that  relate  to  the  history  of  the  State.  The  board  is  in- 
structed to  collect  publications  illustrative  of  the  history 
of  Wyoming  and  the  northwest ;  to  procure  from  pioneers 
narrations  of  their  exploits,  perils  and  adventures;  to  col- 
lect all  facts  possible  about  the  Indians  who  have  been 
and  are  in  the  State ;  to  preserve  fossils,  ores  and  min- 
erals and  objects  of  curiosity  connected  with  the  State's 


L'CC,  TIM;   (iOVKIJNMKNT   OF    WVOMlNd. 

history.  The  \ahiablc  collection  of  this  society  is  in  the 
capitol  btiildinj;-.  (Sec.  481.)  The  officers  receive  no 
compensation  for  their  ser\ices. 

The  State  is  divided  into  two  fish  hatchery  districts. 
District  number  one  embraces  the  southern  and  cen- 
tral counties,  and  number  two  the  norlheru  counties. 
The  headcjuarters  of  number  one  is  at  Laramie,  and  num- 
ber two  at  Sheridan,  where  the  res])ective  su])erintend- 
ents  reside.  The  Goxernor  a])])oints  the  su])erintendents 
who  hold  office  for  four  years.  They  have  entire  control 
of  the  waters  of  their  district  in  rejji'ard  to  the  collection, 
l)ropagation.  culture,  distribution  and  protection  of  fish. 
It  is  their  duty  to  examine  the  streams  of  the  State  not 
naturalh'  stocked  with  tish  and  judge  of  their  adaptability 
for  fish,  and  to  stock  same  if  suitable.  After  a  stream  is 
thus  stocked  it  is  unlawful  to  fish  in  same  for  a  period  of 
two  years,  unless  the  stream  has  a  natural  supply  of  trout 
in  addition  to  those  placed  there  by  the  superintendent. 
In  May  of  each  year  the  superintendents  notify  the  county 
commissioners  of  the  number  of  young  fish  they  have  for 
distribution  for  each  county.  The  county  commissioners 
instruct  the  superintendents  what  streams  they  wish 
stocked  and  the  distribution  is  made.  The  fish  are  sent 
by  the  thousands  in  large  cans  specially  constructed  for 
the  purpose  to  the  several  counties,  the  superintendents 
personally  making  the  distribution.  The  superintend- 
ents act  as  fish  wardens  and  have  charge  of  the  enforce- 
ment ot  all  laws  of  this  State  relating  to  fish.  The}^  have 
power  to  arrest  witliout  warrant  anyone  violating  the  fish 
laws.  It  is  unlawful  to  sell  any  of  the  game  fish  in  the 
State,  or  for  any  person  to  catch  in  one  da}-  more  than 
twenty  pounds  of  game  fish.  Any  contrivance  to  pre- 
vent the  free  passage  of  fish  up  and  down  and  through 
the  waters  is  prohibited,  and  dams  must  be  constructed 
with  fish  wavs  to  allow  the  free  and  uninterrupted  pas- 
sasre   of  the  fish.     It   is   unlawful   to  kill   trout  or  black 


THE    ADMINISTRATION    OF    AFFAIRS.  2(n) 

bass  that  are  less  than  six  inches  in  length,  or  to  use  ex- 
plosives or  poison  to  destroy  the  fish.  Ponds  and  lakes 
containing  fish  owned  by  private  parties  arc  protected 
in  the  same  way  as  the  public  streams.  The  fishing  sea- 
son is  an  open  one  for  the  entire  year.  The  streams  are 
stocked  with  abundant  food  fish  through  the  efforts  of 
this  industry  of  the  State.  Sundance,  Lander  and  Sara- 
toga, each,  has  a  branch  hatchery.  The  superintendents 
each  receive  twelve  hundred  dollars  a  year.  (Sec.  2127; 
S.  L.  1907.  Ch.  41. ) 

The  State  Game  V/arden  holds  his  appointive  office  for 
four  years.  His  duties  are  to  protect  the  game  and  fish 
of  the  State  and  to  enforce  the  laws  relating  thereto.  He 
has  the  power  to  appoint  three  assistant  game  wardens  to 
help  him  in  enforcing  the  provisions  of  the  game  law. 
Not  more  than  one  assistant  can  be  appointed  from  any 
one  county  and  the  salary  of  each  is  nine  hundred  dollars 
a  year. 

The  duties  of  the  game  warden  are  the  protection  of 
the  game  and  fish  from  needless  destruction.  The  open 
season  when  partridges,  grouse  and  prairie  chickens  may 
be  shot  is  from  Septeml^er  first  to  November  thirtieth, 
and  sage  chickens  from  August  first  to  October  fifteenth. 
The  open  season  for  grouse  in  Albany,  Carbon  and  Lara- 
mie Counties  is  from  August  first  to  October  fifteenth. 
Ducks  and  geese  may  be  shot  from  the  first  of  September 
to  the  first  of  May.  It  is  unlawful  to  net  or  trap  any 
Magnolian  pheasant,  Mexican,  Californian  or  Bob-white 
quail  until  September  ist,  1912.  No  moose  may  be  killed 
until  1912,  and  buffalo  cannot  be  killed  or  captured  at  any 
time.  The  open  season  for  deer,  elk,  antelope  and  moun- 
tain sheep  is  from  the  fifteenth  of  September  to  the  fif- 
teenth of  November. 

No  resident  in  the  State  can  hunt  any  of  the  game 
r.nimals  without  a  gun  license  obtained  from  the  Justice 


L'lO  'I'llK   (iOVKK'.NMK.NT   OF    WV()MIN(i. 

of  the  rcacc  of  the  precinct  in  which  tlic  hunter  Ii\es 
and  the  paxment  of  two  dolkirs  for  such  licens(;.  A  non- 
resident of  Wyominfi^  must  jjay  fifty  dollars  for  such  a 
license.  The  payment  of  one  dollar  will  entitle  one  to 
a  bird  license  to  kill  ducks,  etc.  'Phe  Justice  of  the  I'eace 
to  whom  this  license  money  is  paid  must  furnish  the 
State  Examiner  with  a  ])rinted  list  of  all  licenses  issued. 
The  number  of  animals  that  can  be  killed  by  one  person 
during  one  season  is  two,  except  the  mountain  sheep  and 
,<;"oats.  where  only  one  of  each  is  allowed.  It  is  unlaw- 
ful to  sell  any  of  the  wild  game. 

It  is  unlawful  to  kill,  capture  or  destroy  any  game 
animals  and  remove  any  head,  antlers,  horns  or  tusks. 
Any  one  guilty  of  this  act  and  convicted  may  be  im- 
prisoned for  a  term  of  years.  This  measure  is  in  force 
for  the  protection  against  the  wanton,  ruthless  and  waste- 
ful destruction  or  mutilation  of  animals  in  order  to  obtain 
their  horns  or  tusks.  This  law  does  not  apply  to  licensed 
hunters,  who  may  shoot  a  limited  number  of  animals  and 
who  must  report  to  the  Game  Warden  the  game  that  they 
have  so  killed.      (S.  L.  1907,  Ch.  47.) 

The  Game  'Warden  receives  fifteen  hundred  dollars  per 
annum.  (S.  L.  1903,  Ch.  44;  S.  L.  1905,  Ch.  69 ;  S.  L. 
1907.  Ch.  35.) 

The  State  Board  of  Health,  appointed  by  the  Gov- 
ernor, consists  of  three  members,  one  of  whom  must  be 
a  physician.  If  there  is  only  one  physician  on  the  board 
he  acts  as  secretary  and  executive  officer  of  the  board. 
The  term  of  office  is  four  years.  The  board  selects  a 
practising  physician  in  each  county,  who  acts  as  the 
county  health  .officer.  The  State  board  is  authorized  to 
have  a  general  oversight  over  the  interests  of  health  and 
life  among  the  people  of  the  State.  It  makes  sanitary 
investigations  respecting  the  causes  of  disease  and  epi- 
demics, the  causes  of  death  and  the  effects  of  localities, 


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THE    ADMINISTRATION    OF    AFFAIRS.  2i;; 

employment  and  other  circumstances  bearing  upon  the 
public  health.  The  members  investigate  as  to  the  causes 
of  contagious  and  infectious  diseases  that  threaten  the 
l)ublic  safety.  They  have  authority  to  inspect  for  sani- 
tary purposes  the  public  hospitals,  prisons,  schools  or 
other  public  institutions  and  suggest  any  needed  changes 
in  the  drainage,  water  supply,  heating  or  ventilation. 
The'  State  board  and  local  health  officer  co-operate  in 
their  efforts  to  prevent  the  spread  of  disease  and  for  the 
protection  of  life  and  the  promotion  of  health.  When 
small-pox,  cholera,  typhoid  or  scarlet  fever,  diphtheria 
or  other  contagious  diseases  which  are  a  menace  to  the 
public  exist,  it  is  the  duty  of  the  county  health  officer 
to  notify  the  secretary  of  the  State  board,  when  the 
county  health  officer  may  be  directed  to  quarantine  tlic 
city,  town  or  place,  where  the  disease  exists.  Any  ex- 
penditure necessary  for  the  maintenance  of  such  quar- 
antine, in  the  nature  of  clothing,  provisions,  construction 
of  a  pest-house  or  appointment  of  police  officers,  to  main- 
tain and  enforce  the  quarantine,  is  paid  by  the  county 
commissioners.  The  State  board  may  adopt  measures  for 
the  general  vaccination  of  the  public  of  a  locality  v^hen  it 
deems  it  necessary.  Any  one  refusing  to  be  vaccinated 
is  subject  to  a  fine  or  imprisonment.  It  is  tlie  duty  of 
every  practicing  physician  to  notify  the  State  board  when 
contagious  or  infections  diseases  exist.  Their  failure  to 
report  any  such  case  is  a  misdemeanor.  Anyone  escaping 
from  (juarantine,  established  ])y  law,  is  guilty  of  a  felony 
and  is  subject  to  a  punishment  of  not  more  than  five  years 
in  the  penitentiary.  The  members  of  the  State  board  each 
receive  two  hundred  dollars  a  year,  but  the  secretary  re- 
ceives ten  dollars  a  day  when  doing  actual  service  and 
the  county  health  officers  eight  dollars  a  day.  (S.  L. 
1901,  Ch.  55;    1903,  Ch.  94.) 

The  State  Dairy,  Food  and  Oil  Commissioner  is  ap- 
pointed by  the  Governor  for  a  term  of  four  years,  recei\-- 


214  TilK   CiOVKRNMKNT   OF   WVOMlN(i. 

ini;"  a  salary  of  v$2,ooo  a  year.  Ills  duties  are  to  enforce 
the  pure  food  laws  and  to  co-operate  with  the  State 
Chemist  in  preventing-  fraud  and  adulteration  or  impuri- 
ties in  foods,  drinks,  drui^s.  illuminating'  oils  and  the  un- 
lawful lahelin£2^  of  same.  The  i)rofessor  of  chemistry  at 
the  State  rni\ersity  is  the  State  Chemist  and  analyses 
are  made  by  him  vu(\  his  assistant  in  his  oflfice  at  the 
University.  The  hcad(|uarters  of  the  Commissioner  are 
in  the  State  Capitol  Building-.  (S.  L.  1903.  Ch.  83  ;  S.  L. 
1005,  Ch.  49;  S.  L.  1907,  Ch.  2  and  91.) 

The  sale  and  storage  of  all  explosives  are  regulated  by 
law.  Nitro-glycerine,  powder  and  other  high  explosives 
must  be  stored  in  a  magazine  provided  for  that  purpose 
alone  and  oils  and  other  inflammable  matter  must  be 
kept  in  a  building  erected  for  the  purpose  and  at  a  safe 
distance  from  other  buildings.  (S.  L.  1903,  Ch.  70.)  It 
is  unlawful  to  sell,  except  on  the  written  prescription  of  a 
regular  ]M-acticing  |ihysician,  any  drugs  that  induce  de- 
lirium ;  this  includes  cocaine,  opium  and  chloral  hydrate. 
(Ch.  98.)  Minors  or  persons  under  twenty-one  years  of 
age  are  prohibited  from  frequenting-  saloons  or  gambling 
places,  and  the  sale  of  liquor  and  cigarettes  or  tobacco  in 
any  of  its  forms  to  them  is  a  violation  of  the  law,  and  the 
seller  is  subject  to  a  fine  of  ten  to  fifty  dollars.  (R.  S., 
Sec.  5068.  5069.) 

The  State  Board  of  Medical  Examiners  consists  of 
three  physicians,  who  hold  of^ce  for  a  term  of  four  years. 
The  duties  of  the  board  are  to  examine  and  pass  upon  the 
qualifications  and  fitness  of  persons  who  desire  to  prac- 
tice medicine  or  surgery;  to  examine  applicants  who  wish 
to  practice  their  science  in  the  State  and  to  issue  certifi- 
cates to  those  who  have  successfully  passed  the  examina- 
tion, which  certificate  gives  them  the  authority  to  prac- 
tice in  this  State ;  to  pass  upon  the  sufftciency  of  a  dip- 
loma  received   by   the   applicant    from    some   established 


THK    AnMIMSTRATIOX    OF    AFFAIRS.  21.-) 

and  recognized  medical  college  which  will  exempt  them 
from  this  examination.  (Sec.  2189.)  This  board  has  the 
power  to  revoke  the  license  of  a  physician  if  he  is  guilty 
of  nnprofessional  conduct.  The  members  of  this  board 
are  paid  five  dollars  a  day  for  service.  ( S.  L.  1903,  Ch. 
98.) 

()nly  those  who  are  reg"istered  pharmacists  may  sell  or 
compound  drugs,  medicines  or  poisons. 

.A  registered  pharmacist  is  one  who  is  a  graduate  from 
a  school  of  pharmacy,  or  has  been  licensed  as  a  j^harma- 
cist.  The  Governor  appoints  a  commission  of  pharmacy 
consisting  of  three  members  who  hold  office  for  six  years. 
They  examine  applicants  for  registration  and  grant  cer- 
tificates which  must  be  conspicuously  placed  in  view'  in 
the  place  of  business  occupied  by  the  pharmacist.  The 
members  receive  five  dollars  when  actually  employed  in 
service.      (Sec.  2213;  S.  L.  1907,  Ch.  51.) 

A  person  desiring  to  practice  dentistry  in  the  State 
must  be  a  graduate  from  a  reputable  dental  college  and 
the  diploma  must  be  made  a  matter  of  record  in  the 
county  clerk's  office  of  the  county  in  which  the  dentist 
is  to  ]:)ractice.      (R.  S..  Sec.  2209.) 

An  attorney-at-law  is  a  lawyer,  who  is  employed  by 
some  one  to  act  in  his  behalf.  He  is  a  person  who  repre- 
sents the  party  engaging  him  at  the  courts  of  justice. 
In  Wyoming  there  is  a  State  Board  of  La-w  Examiners, 
consisting  of  five  members  of  the  bar  appointed  by  the 
Supreme  Court  and  who  hold  office  for  three  years.  An 
applicant  for  admission  to  the  bar  must  present  his  peti- 
tion to  the  Supreme  Court,  and  it  refers  the  same  to  this 
State  Board  for  examination  and  recommendation.  The 
examination  questions  and  answers  are  sent  to  the  court 
by  the  board  and  if  the  court  finds  the  applicant  to  be 
qualified  to  discharge  the  duties  of  an  attorney,  and  is  of 
good  moral  character,  an  order  is  entered  admitting  him 
to  practice  in  all  the  courts  of  the  State.     X^o  one  may  be 


216  illl'.   COVKKNMKNT   OF    WVO.MLXC. 

examined  wlio  is  not  at  least  twenty-one  years  of  age,  a 
citizen  of  the  I'nited  States,  and  a  resident  of  Wyoming, 
and  who  has  not  studied  law  at  least  three  years.  At- 
torneys who  have  practiced  in  the  highest  court  of  any 
other  State  may,  at  the  discretion  of  the  Su])reme  Court, 
be  admitted  to  practice  in  the  State  without  examina- 
tion.     (Sec.  3304.) 

The  State  Board  of  Charities  and  Reform  consists  of 
the  Governor,  Secretary  of  State,  Treasurer,  Auditor  and 
Superintendent  of  Public  Instruction.  The  board  has 
general  supervision  and  control  of  all  charitable,  reform- 
atory and  penal  institutions  established  by  the  State ;  the 
general  custody,  charge  and  control  of  all  buildings  and 
grounds  used  for  these  purposes  (except  the  poor  farm  at 
Lander),  and  the  general  charge  and  supervision  of  all 
county  jails  in  the  State.  This  supervision  includes  the 
insane  asylum,  the  penitentiary,  deaf  and  dumb  asylum, 
the  general  hospital,  the  soldiers"  and  sailors'  home, 
the  asylum  for  the  feeble  minded,  and  the  I>ig  Horn 
Hot  Springs.  The  district  court  of  any  county  may 
commit  to  the  care  and  guardianshi]:)  of  the  house 
of  refuge  and  reform,  or  to  an  industrial  school  any 
child  under  the  age  of  sixteen  who  has  been  convicted 
for  an  ofifense,  except  homicide,  to  be  educated,  trained 
and  reformed.  The  State  Uoard  of  Charities  and  Re- 
forms determines  from  time  to  time  where  such  juvenile 
delinquents  shall  be  placed,  as  there  is  no  house  or  school 
of  this  nature  in  the  State.  The  cost  of  supporting  this 
class  is  paid  by  the  State  and  cannot  exceed  five  dollars 
a  week  for  each  child.      (Sees.  632,  700,  4934.) 

The  Land  Boards  known  as  the  State  Board  of  School 
Land  Commissioners  and  the  State  Board  of  Land  Com- 
missioners are,  the  former,  presided  over  1)y  the  Gover- 
nor, Secretary  of  State,  Treasurer  and  Superintendent  of 
Public  Instruction ;  and,  the  latter,  by  the  Governor, 
Superintendent   and   Secretary  of  State. 


Till-:    AP.MI.XISTKATIOX    OF    AFFAIRS.  217 

The  School  Land  Commissioners  have  direction  and 
control  of  the  leasing,  selection  anrl  disposal  of  all  lands 
belonging  to  the  State  to  be  used  for  public  schools.  The 
Land  Commissioners  have  the  control  and  care  of  all 
other  lands  granted  or  acquired  by  the  State. 

The  Commissioner  of  Public  Lands  is  appointed  by  the 
Governor  for  a  term  of  two  years,  salary  $2,000  annually. 
He  is  also  Secretary  of  the  State  Board  of  Land  Com- 
missioners. He  keeps  a  record  of  all  leases  and  patents 
to  lands  in  our  State  and  receives  all  of  the  application? 
for  purchasing,  leasing,  entering,  locating  or  acquiring 
any  title  or  interest  in  land  under  the  State's  cc/c-troi. 
Subject  to  the  approval  of  the  Land  Commissioners  he 
allows  or  disallows  such  applications.  His  acts  are  not 
only  subject  to  the  approval  of  the  Commissioners,  but 
must  also  receive  the  approval  and  signature  of  the  Gov- 
ernor.  *  (S.  L.  1905,  Ch.  36.      S.  L.  1907,  Ch.  95.) 

The  Department  of  Immigration  has  for  its  members 
the  Commissioner  of  Public  Lands,  the  State  Geologist 
and  State  Engineer,  who  have  under  their  directions  all 
matters  relating  to  the  advertising  of  the  resources  of 
Wyoming.  (S.  L.  1905,  Ch.  36.,  Sec.  i  and  3.  S.  L. 
1907,  Ch.  75.) 

The  Board  of  Control,  composed  of  the  State  Engineer 
and  his  four  water  division  superintendents,  in  addition 
to  its  duties  in  relation  to  the  waters  of  the  State,  con- 
stitutes a  special  commission  to  select  and  locate  all 
lands  which  are  now  or  may  be  hereafter  granted  to  the 
State  by  the  United  States.  (R.  S.,  Sec.  788.)  (See 
Irrigation.) 

The  Secretary  of  State,  Treasurer  and  Auditor  consti- 
tute a  Board  of  Equalization  of  the  taxes  for  the  State. 
It  is  the  duty  of  the  board  to  examine  the  assessments 
of  the  various  counties  so  far  as  regards  taxes  and  equal- 


•JIS  TIM-:   (iOVERNMENT   OF   WYOMING. 

izc  the  Nalualion  of  real  property  anion<^  the  several 
counties  and  towns,  and  notify  each  county  clerk  of  the 
rate  of  the  State  tax  determined  upon  by  the  l)oard  to  be 
levied  and  collected   in  each   county.      (Sec.   1784.) 

The  Board  of  Pardons  is  composed  of  the  members 
of  the  State  Doard  of  Charities  and  Reforms  and  serve 
for  a  term  of  four  years,  the  (]o\  ernor  beinj^  l^resident  of 
the  l>oard.  its  duties  are  to  investigate  all  ai^plications 
for  Executive  Clemency  and  bring  the  facts  before  the 
Governor  with  recommendations  as  to  action  to  be  taken. 
(S.  L.  1905.  Ch.  56.) 

The  State  Board  of  Horticulture  consists  of  six  mem- 
bers, four  of  whom  are  appointed  b}^  the  Governor ;  the 
Governor  and  Professor  of  Botany  and  Zoology  at  the 
State  University  by  \irtue  of  their  offices  .serve  as  the 
other  two  members.  The  term  of  ofifice  is  for  four  years. 
The  salary  is  per  diem  when  attending  meetings  and  the 
secretary  of  the  board  receives  a  stated  salary,  regulated 
by  the  board.  The  duties  of  the  board  are  to  prevent 
the  spread  of  contagious  diseases  among  fruit  and  fruit 
trees  ;  to  cure  fruit  pests  and  to  attend  to  the  insj^ection 
of  nursery  stock.      (S.  L.  1905,  Ch.  50.) 

The  board  shall  elect  one  from  its  niend)ers  to  serve 
as  Inspector  of  Fruit  Pests,  who  shall  personally  inves- 
tigate trees  and  fruits,  subject  to  the  law\s  governing  the 
board.      (S.  L.  1907,  Ch.  73.) 

The  bee  industry  in  the  State  may  have  an  Inspector  of 
Bees  when  five  actual  beekeepers  shall  petition  the 
county  commissioners  of  the  State  to  make  such  an  ap- 
pointment. This  inspector  shall  hold  ofifice  during  the 
pleasure  of  the  county  commissioners,  and  receive  pay 
by  the  day  at  such  rate  as  may  be  decided  upon  by  the 
appointing  power.  His  duties  are  to  inspect  any  apiary 
or  colony  of  bees,  and  make  investigations  as  to  con- 
tagious diseases  or  dangerous,  or  destroying  parasites  or 
insects.      (S.  L.  1907,  Ch.  ;^2.) 


THE    ADMINISTRATIO.N    OF    AFFAIRS.  -JlO 

The  State  Board  of  Deposits  consists  of  the  Governor, 
Treasurer  and  Secretary  of  State.  The  duties  of  this 
board  are  to  meet  on  the  first  Wednesday  in  April  and 
designate  such  banks  within  this  State  that  are  eligible 
to  be  made  State  Depositaries,  in  which  all  of  the  State 
money  as  handled  b_y  the  several  State  officers,  may  be 
deposited. 

The  money  used  by  the  County,  City  and  School  offi- 
cials must  be  deposited  in  banks  designated  by  the  sev- 
eral governing  Ijoards.  For  County  officers  this  board 
consists  of  the  County  Commissioners,  for  cities  and 
town  the  City  Council,  for  schools  the  Board  of  Direct- 
ors. Banks  securing  any  of  this  money.  State,  county, 
city  or  school,  must  pay  interest  for  its  use.  The  rate 
cannot  be  less  than  two  or  more  than  four  per  cent. 
(S.  L.  1907,  Ch.  30.) 

YELLOWSTONE  NATIONAL  PARK. 

Lewis  and  Clark  had  in  their  party,  which  explored  to 
the  mouth  of  the  Columbia  river,  a  trapper  and  hunter  by 
the  name  of  John  Colter.  When  the  expedition  returned 
from  the  Pacific  Coast  (1806)  Colter  severed  his  connec- 
tion with  the  explorers  when  in  the  region  oi  the  Yel- 
lowstone River,  in  Montana,  and  traveled  south  with 
two  trappers  into  Wyoming  and  discovered  (1807)  what 
is  now  known  as  the  Yellowstone  National  Park.  In 
1872  by  act  of  Congress  this  natural  wonderland  was  set 
aside  as  a  National  Park  and  placed  under  the  jurisdic- 
tion of  the  Cnited  States.  This  park  was  created  as  a 
National  Reserve  in  order  to  preserve  its  forests  and  its 
game  and  in  order  to  have-  it  remain  as  a  public  domain 
for  the  benefit  and  enjoyment  of  the  people.  The  park 
is  under  the  supervision  of  the  Cnited  States  Secretary 
of  the  Interior,  who  has  authority  to  make  all  rules  and 
regulations  for  its  government.  The  local  superintend- 
ent is  an  officer  of  the  United  States  arnl^'  and  resides  at 


L>L>(|  THE   GOVERNMENT   OF   WYOMING. 

Fort  Yellowstone.  In  Wyoming's  Act  of  Admission  in 
1890  exclusive  control  and  jurisdiction  over  the  park  were 
acknowledged  to  belong  to  the  United  States.  No  set- 
tler is  jiermitted  to  reside  within  the  park  and  strict  regu- 
lations are  in  force  as  to  fishing  and  hunting  within  its 
l)Oundaries.  Bear,  antelope,  mountain  sheep,  buffalo, 
bison,  elk  and  deer  make  their  homes  in  the  park,  where 
they  are  undisturbed  by  the  people  who  live  out  of  the 
State  or  by  those  li\'ing  in  Wyoming. 

QUESTIONS. 

1.  What  State  officers  are  elected?  When,  by  whom  and  for 
what  length  of  time? 

2.  What  State  officers  are  aj^pointed,  by  whom,  when  and  for 
what  periods? 

3.  What  relation  does  tlie  Attorney-General  bear  to  the  Connty 
Attorneys  of  the  State! 

4.  What  are  the  advantages  of  having  a  Veterinarian? 

5.  Explain  the  practical  work  done  by  the  Stock  and  Sheep 
Commissioners. 

6.  Wliat  is  the  "bounty  law"?  Has  it  been  of  any  benefit  to 
your  locality? 

7.  Have  you  a  County  Library?  Why?  Has  an  effort  ever 
been  made  to  organize  one?     Where  is  the  State  Library  located? 

8.  Describe  the  purpose  of  our  Fish  Hatcheries.  When  is  the 
legal   fishing   season? 

9.  Who  guards  the  game  in  the  State?  What  animals  are 
prohibited  from  being  shot?  Why  these  and  not  others?  When 
is   the   open   season? 

10.  What  are  the  duties  of  the  State  Board  of  Health?  Have 
tliey  ever  exercised  their  powers  in  your  locality? 

11.  Who  is  the  State  Chemist?  What  foods  are  most  easily 
adulterated? 

12.  Why  does  the  State  liave  a  Board  of  Medical  Examiners? 
Of  Law   Examiners? 

13.  What  advantage  is  it  to  have  jiharmacists  and  dentists 
registered? 

14.  Explain  the  duLies  of  the  Board  of  Charities  and  Eeform. 
Where  are  the  juvenile  delinqixents  of  the  State  sent  for  correc- 
tion?    Where  do  we  send  our  deaf,  dumb  and  blind? 

15.  Locate   the   public  buildings   of   the   State. 


'rill';    A  DM  [M  ST  RATION'    OF    AFFAIBS.  22:^ 

16.  State  tlio  duties  of  the  Land  Coimiiissionei's. 

17.  Has  the  Board  of  C'ontrol  any  judicial  duties'? 

18.  What   is  the  purpose  of  the  Board  of  Equalization? 

19.  Why  does  the  State  not  own  the  Yellowstone  Park? 

20.  What    other    lands    are    reserved    by    the    National    Govern- 
ment in    Wyoming? 

REFERENCES. 

Wyoming  Ke vised  Statutes,   1S99.  Session   Laws,  19U],   19()H,   190."'), 
1907. 

Hinsdale,  The  American  Government,  Ch.  LV. 

Kellogg  and  Taylor,  The   Government  of  the   State  and    Nation, 

pp.  28-53. 
Ashley,   The   American   Federal   State,   Ch.   XX. 
Wilson,  The  State,  Sees.   1033,   lOiO,   1209,  1259. 
Fiske,  Civil   Government,  pp.   116-139. 
Bryce,    The    American    Commonwealth,    I,    Chs.    50,    52;    II,    Chs. 

88,  89. 
James  and  Sauford,  Government  in  State  and  Nation,  Ch.  IV. 
Hart,   Actual    Government,   pp.    166-214. 
Cooley,   Constitutional  Limitations,   Ch.  VIII. 
Smith,   Training  for  Citizenship,   Ch.   XX. 
Fairlie,    Local    Government    in    Counties,    Towns    and     Villages, 

Ch.  VIII  and  Ch.  XII L 

Jones,  Northwestern  Wyoming,  Including  Yellowstone   National 

Park    (Government   Publication). 
Chittenden,  Yellowstone  National  Park. 
Muir,  Our  National   Parks. 


APPENDIX    A 

THE  CONSTITUTION 
OF    WYOMING 


CONSTITUTION  OF  THE  STATE  OF 

WYOMING. 

Adopted   by    the    People   at    u   General   Klection    held    November   5,    1881*. 
PREAMBLE. 

We.  the  people  of  the  State  of  Wyomins.  srateful  to  God  for  our 
oivil,  political  and  relif?ious  liberties,  and  desiring  to  secure  them  to 
ourselves  and  perpetuate  them  to  our  po.sterity,  do  ordain  and  estab- 
lish   this    con.stitution. 

ARTICLE    I. 

Declaration     of     Rights. 

Section  1.  All  power  is  inherent  in  the  people,  and  all  free  govern- 
ments are  founded  on  their  authority,  and  instituted  for  their  peace, 
safety  and  happiness;  for  the  advancement  of  these  ends  they  have 
at  all  times  an  inalienable  and  indefeasible  right  to  alter,  reform  or 
abolish  the  government   in  such  manner  as  they  may  think  proper. 

Sec.  2.  In  their  inherent  right  to  life,  liberty  and  the  pursuit  of 
happiness,   all  members  of  the   human  race  are  equal. 

Sec.  3.  Since  equality  in  the  enjoyment  of  natural  and  civil  rights 
is  made  sure  only  through  political  equality,  the  laws  of  this  State 
affecting  the  political  rights  and  privileges  of  its  citizens  shall  be 
without  distinction  of  race,  color,  sex,  or  any  circumstance  or  condi- 
tion whatsoever  other  than  individual  incompetency,  or  unworthiness 
duly  ascertained  by  a  court  of  competent  jurisdiction. 

Sec.  4.  The  riglit  of  the  people  to  be  secure  in  their  persons,  houses, 
papers  and  effects  against  imreasonable  searches  and  seizure.^;  shall 
not  be  violated,  and  no  warrant  shall  issue  but  upon  probable  cause, 
supported  by  affidavit,  particularly  describing  the  place  to  be  searched 
cr  the  person  or  thing  to  be  seized. 

Sec.  5.  No  person  shall  be  imprisoned  for  debt  except  in  cases  of 
fraud. 

Sec.  6.  No  person  shall  be  deprived  of  life,  liberty  or  property  with- 
out due  process  of  law. 

Sec.  7.  Absolute,  arbitrary  power  over  the  lives,  libert5'  and  prop- 
erty of  freemen  exists  nowhere  in  a  republic,  not  even  in  the  largest 
majority. 

Sec.  8.  All  courts  shall  be  open  and  every  person  for  an  injury 
(tone  to  person,  reputation  or  property  shall  have  justice  adminis- 
tered without  sale,  denial  or  delay.  Suits  may  be  brought  against 
the  State  in  such  manner  and  in  such  courts  as  the  legislature  may 
by  law  direct. 

Sec.  9.  The  right  of  trial  by  jury  shall  remain  inviolate  in  criminal 
cases,  but  a  jury  in  civil  cases  in  all  courts,  or  in  criminal  cases  in 
courts  not  of  record,  may  consist  of  less  than  twelve  men,  as  may 
be  prescribed  by  law.  Hereafter  a  grand  jury  may  consist  of  twelve 
men,  any  nine  of  whom  concurring  may  And  an  indictment,  but  the 
legislature   ma>'   change,    regulate  or  abolish   the  grand   jury   system. 


228  'I'HK   (iOVKHXMKN'l'   OK    WYOMING. 

Sec.  10.  In  all  rriiniiiiil  prosecailions  the  acc'used  .shall  have  tlie 
right  to  defend  in  person  and  l)y  counsel,  to  demand  the  nature  and 
cause  of  the  accusation,  to  liave  a  copy  thereof,  to  be  confronted  with 
the  witnesses  against  him,  to  liave  compulsory  process  served  for 
obtaining  witnesses,  and  to  a  speedy  trial  by  an  impartial  jury  of  the 
county  or  district  in  which  the  offense  is  alleged  to  have  been  com- 
mitted. 

Sec.  11.  No  person  shall  be  compelled  to  testify  against  himself  in 
any  criminal  case,  nor  shall  any  person  be  twice  put  in  jeopardy  for 
the  same  offense.  If  the  jury  disagree,  or  if  the  judgment  be  ar- 
rested after  a  verdict,  or  if  the  judgment  be  reversed  for  error  in  law, 
the  accused  shall  not  be  deemed   to  have  been  in  jeopardy. 

Sec.  12.  No  person  shall  be  detained  as  a  witness  in  any  criminal 
prosecution  longer  than  may  be  necessary  to  take  his  testimony  or 
deposition,  nor  be  confined  in  any  room  where  criminals  are  im- 
prisoned. 

Sec.  13.  Until  otherwise  provided  by  law,  no  person  shall,  for  a 
felony,  be  jjroceeded  against  criminally,  otherwise  than  by  indict- 
ment, except  in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
militia  when  in  actual  service  in  time  of  war  or  public  danger. 

Sec.  14.  All  persons  shall  be  bailable  by  sufficient  sureties,  except 
for  capital  offenses  when  the  pi'oof  is  evident  or  the  presumption 
great.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed,  nor  shall  cruel  or  unusual  punishment  be  inflicted. 

Sec.  -15.  The  penal  code  shall  be  framed  on  the  humane  principles 
of  rfeforniation   and   prevention. 

Sec.  16.  No  person  arrested  and  confined  in  jail  shall  be  treated 
with  unnecessary  rigor.  The  erection  of  safe  and  comfortable  prisons, 
aiid 'inspec-tion  of  prisons,  and  the  humane  treatment  of  prisoners 
shall  be  provided   for. 

Sec.  17.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended unless,  when  in  case  of  rebellion  or  invasion,  the  public  safety 
niay   require   it. 

Sec.  18.  The  free  exercise  and  enjoyment  of  religious  profession  and 
worship  without  discrimination  or  preference  shall  be  forever  guar- 
anteed ill  this  State,  anJ  no  person  shall  be  rendered  incoinpetent  to 
hold  any  office  of  trust  or  profit,  or  to  serve  as  a  witness  or  juror, 
because  of  his  opinion  on  any  matter  of  religious  belief  whatever; 
but  the  liberty  of  conscience  hereby  secured  shall  not  be  so  construed 
as  to  excuse  acts  of  licentiousness  or  justify  practices  inconsistent  with 
the  "peace  or  safety  of  the  State. 

Sec.  19.  No  nioney  of  rhe  State  shall  ever  be  given  or  appropriated 
to  any  sectarian  or  religious  society  or  institution. 

Sec.  20.  Every  person  may  freely  speak,  write  and  publish  on 
all  subjects,  being  responsible  for  the  abuse  of  that  right;  and  in  all 
trials  for  libel,  both  civil  and  criminal,  the  truth,  when  published 
with  good  intent  and  for  the  justifiable  ends,  shall  be  a  sufficient  de- 
fense, the  jury  having  the  right  to  determine  the  facts  and  the  law, 
under  direction  of  the  court. 

Sec.  21.  The  right  of  petition,  and  of  the  people  peaceably  to  as- 
semble to  consult  for  the  common  good,  and  to  make  known  their 
opiuions,   shall  never  be  denied  or  abridged. 


THE  CONSTITUTIOX  OF  WVOMING.  229 

Sec.  22.  The  riKhts  of  labor  shall  have  just  pioteclion  through  laws 
calculated  to  secure  to  the  laborer  proper  rewards  for  his  service  and 
to  promote  the  industrial  welfare  of  the   State. 

Sec.  23.  The  right  of  citizens  to  opportunities  for  education  should 
have  practical  recognition.  The  I^egislature  shall  suitably  encourage 
means  and  agencies  calculated  to  advance  the  sciences  and  liberal 
arts. 

Sec.  24.  The  right  of  citizens  to  bear  arms  in  defense  of  tliemselves 
and   of   the    State    shall   not    be    denied. 

Sec.  25.  The  military  shall  ever  be  in  strict  subordination  to  the 
civil  power.  No  soldier  in  time  of  peace  shall  be  (luartered  in  any 
house  without  consent  of  the  owner,  nor  in  time  of  war  except  in  the 
manner  prescribed  by  law. 

Sec.  26.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  or  in  adhering  to  its  enemies,  or  in  giving  them  aid  and 
comfort.  No  person  shall  be  convicted  of  treason  unless  on  the  testi- 
mony of  two  witnesses  <.o  the  same  overt  act,  or  on  confession  in  open 
court;  nor  shall  any  person  be  attainted  of  treason  by  the  legislature. 

Sec.  27.  Elections  shall  be  open,  free  and  equal,  and  no  power,  civil 
or  military,  shall  at  any  time  interfere  to  pi-event  an  untrammeled 
exercise  of  the  right  of  suffrage. 

Sec.  28.  No  tax  shall  be  imposed  without  the  consent  of  the  people 
or  their  authorized  representatives.  All  taxation  shall  be  equal  and 
uniform. 

Sec.  29.  No  distinction  shall  ever  be  made  by  law  between  resident 
aliens  and  citizens  as  to  the  possession,  taxation,  enjoyment  and 
descent  of  pi-operty. 

Sec.  30.  Perpetuities  and  monopolies  are  contrary  to  the  genius  of  a 
free  State,  and  shall  not  be  allowed.  Corporations  being  the  creatures 
of  the  State,  endowed  for  the  public  good  with  a  portion  of  its  sove- 
reign powers,  must  be  subject  to  its  control. 

Sec.  31.  Water  being  essential  to  industrial  prosperity,  of  limited 
amount,  and  easy  of  diversion  from  its  natural  channels,  its  control 
must  be  in  the  State,  which,  in  providing  for  its  use,  shall  equally 
guard  all  the  various  interests  involved. 

Sec.  32.  Private  property  shall  not  be  taken  for  private  use  unless 
by  consent  of  the  owner,  except  for  private  ways  of  necessity,  and  for 
reservoirs,  drains,  flumes,  or  ditches  on  or  across  the  lands  of  others 
for  agricultural,  mining,  milling,  domestic  or  sanitary  purposes,  nor 
in  any  case  without  due  compensation. 

Sec.  33.  Private  property  shall  not  be  taken  or  damaged  for  public 
or   private    use   without   just   compensation. 

Sec.  34.  All  laws  of  a  general  nature  shall  have  a  uniform  oper- 
ation. 

Sec.  35.  No  ex  post  lacto  law,  nor  any  law  impairing  the  obliga- 
tion of  contracts,   shall  ever  be  made. 

Sec.  36.  The  enumeration  in  this  constitution,  of  certain  rights 
shall  not  be  construed  to  deny,  impair,  or  disparage  others  retained 
by  the  people. 

Sec.  37.  The  State  of  Wyoming  is  an  inseparable  part  of  the  Fed- 
eral Union,  and  the  constitution  of  the  United  States  is  the  supreme 
law  of  tlie  land. 


230  THK   (iOVKKNMKNT   OF   WVOMIiVG. 

ARTICLE  II. 
Distribution  of  Powers. 
Section  1.  Tlie  powers  of  the  fj;overnment  of  this  Slate  are  divided 
into  tliiee  distinct  departments:  the  legislative,  executive  and  judicial, 
and  no  person  or  collection  of  persons  chai-ged  witli  the  exercise  of 
powers  properly  belonging  to  one  of  these  departments  shall  exercise 
any  powers  properly  belonging  to  either  of  the  others,  except  as  in  this 
constitution    expressly   Jirected   or  permitted. 

ARTICLE    III. 
Legislative    Department. 
Section    1.     The   legislative    power    shall    be    vested    in    a    senate    and 
house  of   representatives,   which   shall   be  designated   "The  Legislature 
of  the  State  of  Wyoming." 

Sec.  2.  Senators  shall  be  elected  for  the  term  of  four  (4)  years  and 
representatives  for  the  term  of  two  (2)  years.  The  senators  elected 
at  the  first  election  shall  be  divided  by  lot  into  two  classes  as  nearly 
equal  as  may  be.  The  seats  of  senators  of  the  first  class  shall  be 
vacated  at  the  expiration  of  the  first  two  years,  and  of  the  second 
class  at  the  expiration  of  four  years.  No  person  shall  be  a  senator 
who  has  not  attained  the  age  of  twenty-five  years,  or  a  representative 
who  has  not  attained  the  age  of  twenty-one  years,  and  who  is  not 
a  citizen  of  the  United  States  and  of  this  State,  and  who  has  not,  for 
at  least  twelve  months  next  preceding  his  election,  resided  within 
the  county  or  district  in  which  he  was  elected. 

Sec.  3.  Each  county  shall  constitute  a  senatorial  and  representative 
district;  the  senate  and  house  of  representatives  shall  be  composed 
of  members  elected  by  the  legal  voters  of  the  counties  respectively, 
every  two  (2)  years.  They  shall  be  apportioned  among  the  said  coun- 
ties as  nearly  as  may  be  according  to  the  number  of  their  inhabitants. 
Each  county  shall  have  at  least  one  senator  and  one  representative; 
but;  at  no  time  shall  the  number  of  members  of  the  house  of  repre- 
sentatives be  less  than  twice  nor  greater  than  three  times  the  num- 
ber of  members  of  the  senate.  The  senate  and  house  of  representa- 
tives first  elected  in  pursuance  of  this  constitution  shall  consist  of 
sixteen  and  thirty-three  members  respectively. 

Sec.  4.  When  vacancies  occur  in  either  house  by  death,  resignation 
or  otherwise,  such  vacancy  shall  be  filled  for  the  remainder  of  the 
term  by  special  election,  to  be  called  in  such  manner  as  may  be  pre- 
scribed by  law. 

Sec.  5.  Members  of  the  senate  and  house  of  representatives  shall  be 
elected  on  the  day  pi-ovided  by  law  for  the  general  election  of  a  mem- 
ber of  congress,  and  their  term  of  office  shall  begin  on  the  first 
Monday  of  January  thereafter. 

Sec.  6.  Each  member  of  the  first  legislature,  as  a  compensation  for 
liis  services,  shall  receive  five  dollars  for  each  day's  attendance,  and 
fifteen  cents  for  each  mile  traveled  in  going  to  and  returning  from  the 
seat  of  government  to  his  residence  by  the  usual  traveled  route,  and 
shall  receive  no  other  compensation,  perquisite  or  allowance  whatever. 
No  session  of  the  legislature  after  the  first,  which  may  be  sixty  days, 
shall  exceed  forty  days.  After  the  first  session  the  compensation  of 
the  members  of  the  legislature  shall  be  as  provided  by  law;  but  no 
legislature  shall  fix  its  own  compensation. 


THE  CONSTITUTION  OF  WYOMING.  231 

Sec.  7.  Tlio  lesislature  sliall  meet  at  the  seat  of  government  at 
twelve  o'clock,  noon,  on  the  second  Tuesday  of  .January,  next  suc- 
ceeding the  general  election  provided  by  law,  and  at  twelve  o'clock, 
noon,  on  the  second  Tuesday  of  January  of  each  alternate  year  there- 
after,  and   at   other  times  when  convened  by  the  governor. 

Sec.  8.  No  senator  or  representative  shall,  during  the  term  foi- 
which  he  was  elected,  be  appointed  to  any  civil  office  under' the  State, 
and  no  member  of  congress  or  other  person  holding  an  office  (except 
that  of  notary  public  or  an  office  in  the  militia)  under  the  United 
Slates  or  tliis  State,  shall  be  a  member  of  either  house  during  Ids  con- 
tinuance   in    office. 

Sec.  9.  No  member  of  either  house  sliall,  during  the  term  for  wliicli 
he  was  elected,  receive  any  increase  of  salary  or  mileage  under  an>' 
law  passed   during  that   term. 

Sec.  10.  The  senate  shall,  at  the  beginning  and  close  of  each  regu- 
lar session  and  at  such  other  times  as  may  be  necessary,  elect  one 
of  its  members  president;  the  house  of  representatives  shall  elect 
one  of  its  members  speaker;  each  liouse  shall  choose  its  own  officers, 
and  shall  judge  of  the  election  returns  and  qualifications  of  its 
members. 

Sec.  11.  A  majority  ot  eacli  house  shall  constitute  a  ciuorum  to  do 
business,  but  a  smaller  number  may  adjourn  from  day  to  day,  and 
compel  the  attendance  of  absent  mem.bers  in  such  manner  and  undei- 
such   penalties   as   each    house   may   prescribe. 

Sec.  12.  Each  house  shall  have  power  to  determine  I  lie  rules  of 
its  proceedings,  and  to  punish  its  members  or  other  persons  for  con- 
tempt or  disorderly  behavior  in  its  presence;  to  protect  its  members 
against  violence  or  offers  of  bribes  or  private  solicitation,  and  with 
the  concurrence  of  two-thirds,  to  expel  a  member,  and  shall  have  ah 
other  powers  necessary  to  the  legislature  of  a  free  state.  A  member 
expelled  for  corruption  shall  not  thereafter  be  eligible  to  either  house 
of  the  legislature  and  punishment  for  contempt  or  disorderly  behavior 
shall  not   bar  a  criminal   prosecution   for  the   same  offence. 

Sec.  13.  Bach  house  shall  keep  a  journal  of  its  proceedings  and 
may,  in  its  discretion,  from  time  to  time,  publish  the  same,  except 
such  parts  as  require  secrecy,  and  the  yeas  and  nays  on  any  ques- 
tion, shall,  at  the  reciuest  of  two  members,  be  entered  on  the  journal. 

Sec.  14.  The  sessions  of  each  house  and  of  the  committee  of  the 
whole  shall  be  open  unless  the  business  is  such  as  requires  secrecy. 

Sec.  15.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that 
in  which  the  two  houses  shall  be  sitting. 

Sec.  16.  The  members  of  the  legislature  shall,  in  all  cases,  except 
treason,  felony,  violation  of  their  oath  of  office  and  breach  of  the 
peace,  be  privileged  from  arrest  during  their  attendance  at  the  ses- 
sions of  their  respective  houses,  and  in  going  to  and  returning  from 
the  same;  and  for  any  speech  or  debate  in  either  house  they  shall  not 
be  questioned  in  any  other  place. 

Sec.  17.  The  sole  power  of  impeacliment  shall  vest  in  the  house 
of  representatives;  the  concurrence  of  a  majority  qf  all  the  members 
being  necessary  to  the  exercise  thereof.  Impeachment  shall  be  tried 
by  the  senate  sitting  for  that  purpose,  and  the  senators  shall  be  upon 
oath    or    affirmation    to    do    justice    according    to    law    and    evidence. 


2:i2  TUK   GOVMRNMENT   OF   WYOMING. 

When  the  governor  is  on  trial,  tlie  chief  justice  of  tlie  supreme  court 
shall  preside.  No  person  shall  be  convicted  witliout  a  concurrence  of 
two-thirds  of  the  senators  elected. 

Sec.  18.  The  governor  and  other  State  and  judicial  ofhcers  except 
justices  of  the  peace,  shall  be  liable  to  impeachment  for  high  crimes 
and  misdemeanors,  or  malfeasance  in  ofTice,  but  judgment  in  such  cases 
shall  only  extend  to  removal  from  office  and  dis(iualiflcation  to  hold 
any  office  of  honor,  trust  or  profit  under  the  laws  of  the  State.  The 
party,  whether  convicted  or  acQuitted,  shall,  nevertheless,  be  liable 
to  prosecution,   trial,  judgment  and  punishment  according  to  law. 

Sec.  19.  All  officers  not  liable  to  impeachment  shall  be  subject  to 
removal  for  misconduct  or  malfeasance  in  office,  in  such  manner  as 
may  be  provided  by  law. 

Sec.  20.  No  law  shall  be  passed  except  by  bill,  and  no  bill  shall 
be  so  altered  or  amended  on  its  passage  through  either  house  as  to 
change   its  original  purpose. 

Sec.  21.  The  enacting  clause  of  every  law  shall  be  as  follows:  "Be 
it   Enacted   by  the  Legislature  of  the  State  of  Wyoming." 

Sec.  22.  No  bill  for  the  appropriation  of  money,  except  for  the  ex- 
penses of  the  government,  shall  be  introduced  within  five  (.5)  days  of 
the  close  of  the  session,  except  by  unanimous  consent  of  the  house 
in  which  it  is  sought  to  be  introduced. 

Sec.  23.  No  bill  shall  be  considered  or  become  a  law  unless  re- 
ferred to  a  committee,  returned  therefrom  and  printed  for  the  use 
of   the    members. 

Sec.  24.  No  bill,  except  general  appropriation  bills  and  bills  for  the 
codification  and  general  revision  of  the  laws,  shall  be  passed  contain- 
ing more  than  one  subject,  which  shall  be  clearly  expressed  in  its 
title;  but  if  any  subject  is  embraced  in  any  act  which  is  not  expressed 
in  the  title,  such  act  shall  be  void  only  as  to  so  much  thereof  as  shall 
not  be  so  expressed. 

Sec.  25.  No  bill  shall  become  a  law,  except  by  a  vote  of  a  majority 
of  all  the  members  elected  to  each  house,  nor  unless  on  its  final 
passage  the  vote  taken  by  ayes  and  noes,  and  the  names  of  those 
voting  be   entered   on   the  journal. 

Sec.  26.  No  law  shall  be  revised  or  amended,  or  the  provisions 
thereof  extended  by  reference  to  its  title  only,  but  so  much  thereof 
as  is  revised,  amended  or  extended,  shall  be  re-enacted  and  published 
at   length. 

Sec.  27.  The  legislature  shall  not  pass  local  or  special  laws  in  any 
of  the  following  enuinerated  cases,  that  is  to  say:  For  granting 
divorces;  laying  out,  opening,  altering  or  working  roads  or  high- 
ways; vacating  roads,  town  plats,  streets,  alleys  or  public  grounds; 
locating  or  changing  county  seats;  regulating  county  or  township 
affairs;  incorporation  of  cities,  towns  or  villages;  or  changing  or 
amending  the  charters  c>f  any  cities,  towns  or  villages;  regulating  the 
practice  in  courts  of  justice;  regulating  the  jurisdiction  and  duties  of 
justices  of  the  peace,  police  inagistrates  or  constables;  changing  the 
rules  of  evidence  in  any  trial  or  inquiry;  providing  for  changes  of 
venue  in  civil  or  criminal  cases;  declaring  any  person  of  age;  for  limiti- 
tation  of  civil  actions;  giving  efteet  to  any  informal  or  invalid  deeds; 
summoning  or  impaneling  grand  or  petit  juries;  providing  for  the 
management  of  common  schools;  regulating  the  rate  of  interest  on 
money;     the    opening    or    conducting    of    any    election,    or    designating 


THH  COXSTnnJTION  OF  WYOMING.  233 

the  place  of  votins;  t'le  sale  or  inortgase  of  real  estate  belonging  to 
minors  or  others  under  disability:  chartering  or  licensing  ferries  or 
Ijridgc's  or  toll  roads;  charteiing  banks,  insurance  companies  and  loan 
and  trust  companies;  remitting  tines,  penalties  or  forfeitures;  creating, 
increasing,  or  decreasing  fees,  percentages  or  allowances  of  puVjlic 
otticers;  clianging  the  law  of  descent;  granting  to  any  corporation, 
association  or  individual,  the  right  to  lay  down  railroad  tracks,  or  any 
special  or  exclusive  privilege,  immunity  or  franchise  whatever,  or 
amending  existing  chartr^r  for  such  purpose;  for  punisliment  of  crimes; 
changing  the  names  of  persons  or  places;  for  the  assessment  or  col- 
lection of  taxes;  affecting  estates  of  deceased  persons,  minors  or  others 
under  legal  disabilities;  extending  the  time  for  the  collection  of  taxes; 
refunding  money  paid  into  the  State  treasury;  relinquishing  or  extin- 
guishing, in  whole  or  part,  the  indebtedness,  liabilities  or  obligation 
of  any  corporation  or  j^srson  to  this  State  or  to  any  municipal  cor- 
poration therein;  exempting  property  from  taxation;  restoring  to 
citizenship  persons  convicted  of  infamous  crimes;  authorizing  the 
creation,  extension  or  impairing  of  liens;  creating  offices  or  prescrib- 
ing the  powers  or  duties  of  offices  in  counties,  cities,  townships  or 
school  districts;  or  aut'iorizing  the  adoption  or  legitimation  of  chil- 
dren. In  all  other  cases  where  a  general  law  can  be  made  applicable 
no  special  law  shall  be  enacted. 

Sec.  28.  The  presiding  officer  of  each  house  shall,  in  the  presence 
of  the  house  over  which  he  presides,  sign  all  bills  and  joint  resolu- 
tions passed  by  the  legislature  immediately  after  their  titles  have 
been  publicly  read,  and  the  fact  of  signing  shall  be  at  once  entered 
upon  the  jovirnal. 

Sec.  29.  The  legislature  shall  prescribe  by  law  the  number,  duties 
and  compensation  of  the  officers  and  employes  of  each  house,  and  no 
payment  shall  be  made  from  the  State  treasury,  or  be  in  any  way 
authorized  to  any  such  person  except  to  an  acting  officer  or  employe 
elected   or  appointed   in   pursuance  of  law. 

Sec.  30.  No  bill  shall  be  passed  giving  any  extra  compensation  to 
any  public  officer,  servant  or  employe,  agent  or  contractor,  after  ser- 
vices  are   rendered  or  contract   made. 

Sec.  31.  All  stationery,  printing,  paper,  fuel  and  lights  used  in  the 
legislature  and  other  departments  of  government,  shall  be  furnished, 
and  the  printing  and  binding  of  the  laws,  journals  and  department 
reports  and  other  printing  and  binding,  and  the  repairing  and  furnish- 
ing of  the  halls  and  rooms  used  for  the  meeting  of  the  legislature  and 
its  committees  shall  be  performed  under  contract,  to  be  given  to  the 
lowest  responsible  bidder,  below  such  maximum  price  and  under  sucla 
regulations  as  may  be  prescribed  by  law.  No  member  or  officer  of  any 
department  of  the  government  shall  be  in  any  way  interested  in  any 
such  contract;  and  all  such  contracts  shall  be  subject  to  the  approval 
of  the  governor  and   State  treasurer. 

Sec.  32.  Except  as  otnerwise  provided  in  this  constitution,  no  law 
shall  extend  the  term  of  any  public  officer  or  increase  or  diminish 
his  salary  or  emolument  after  his  election  or  appointment;  but  this 
shall  not  be  construed  to  forbid  the  legislature  from  fixing  the  salaries 
or  emoluments  of  those  officers  first  elected  or  appointed  under  this 
constitution,  if  such  salaries  or  emoluments  are  not  fixed  by  its  pro- 
visions. 


284  11  li;   (iOVEHNMKNT   OF   WYOMIxN'lJ. 

Sec.  33.  All  bilLs  I'or  rai.siiig'  revenue  shall  orisiiiate  in  the  liouse  of 
representatives;  hut  the  penate  may  propose  amendments,  as  in  case 
of  other  bills. 

Sec.  34.  The  general  appropriation  bills  shall  embrace  nothing  V)ut 
appropriations  for  the  ordinary  expenses  of  the  legislative,  executive 
and  judicial  depaitments  of  the  State,  interest  on  the  public  debt, 
and  for  public  schools.  All  other  appropriations  shall  be  made  by 
separate  bills,   each   embracing  but  one  subject. 

Sec.  35,  Except  for  interest  on  xjublic  debt,  money  shall  be  paid 
out  of  the  treasury  only  on  appropriations  made  by  the  legislature, 
and  In  no  case  otherwise  than  upon  warrant  drawn  by  the  proper 
officer   in   pursuance  of  law. 

Sec.  36.  No  appropriation  shall  be  made  for  charitable,  industrial, 
educational  oi'  benevolent  purposes  to  any  person,  corporation  or  com- 
munitj'  not  under  the  absolute  control  of  the  State,  nor  to  any  de- 
nominational  or   sectarian    institution    or   association. 

Sec.  37.  The  legislature  shall  not  delegate  to  any  special  commis- 
sioner, private  corporation  or  association,  any  power  to  make,  super- 
vise or  interfere  with  any  municipal  improvements,  moneys,  property 
or  effects,  whether  held  in  trust  or  otherwise,  to  levy  taxes,  or  to  per- 
form any  municipal  functions  whatever. 

Sec.  38.  No  act  of  the  legislature  shall  authorize  the  investment  of 
trust  funds  by  executors,  administrators,  guardians  or  trustees,  in  the 
bonds  or  stock  of  any  private  corporation. 

Sec.  39.  The  legislature  shall  have  no  power  to  pass  any  law 
authorizing  the  State  or  any  county  in  the  State  to  contract  any  debt 
or  obligation  in  the  construction  of  any  railroad,  or  give  or  loan  its 
credit  to  or  in  aid  of  the  construction  of  the  same. 

Sec.  40.  No  obligation  or  liability  of  any  person,  association  or  cor- 
poration, held  or  owned  by  the  State,  or  any  municipal  corporation 
therein,  shall  ever  be  exchanged,  transferred,  remitted,  released  or 
postponed,  or  in  any  way  diminished  by  the  legislature;  nor  shall  such 
liability  or  obligation  be  extinguished,  except  by  the  payment  thereof 
into  the  proper  treasury. 

Sec.  41.  Every  order,  resolution  or  vote,  in  which  the  concurrence 
of  both  houses  may  be  necessary,  except  on  the  question  of  adjourn- 
ment, or  relating  solely  to  the  transaction  of  the  business  of  the  two 
houses,  shall  be  presented  to  the  governor,  and  before  it  shall  take 
effect  be  approved  by  him,  or,  being  disapproved,  be  repassed  by  two- 
thirds   of  both   houses  as  prescribed   in   the   case  of  a  bill. 

Sec.  42.  If  any  person  elected  to  either  house  of  the  legislature  shall 
offer  or  promise  to  give  his  vote  or  influence  in  favor  of  or  against 
any  measure  or  proposition,  pending  or  to  be  introduced  into  the  legis- 
lature, in  consideration  or  upon  condition  that  any  other  person  elect- 
ed to  the  same  legislature  will  give,  or  promise  or  assent  to  give  his 
vote  or  influence  in  favor  of  or  against  any  other  measure  or  proposi- 
tion pending  or  propos.;d  to  be  introduced  into  such  legislature,  the 
person  making  such  offer  or  promise  shall  be  deemed  guilty  or  solicita- 
tion of  bribery.  If  any  member  of  the  legislature  shall  give  his  vote 
or  influence  for  or  against  any  measure  or  proposition  pending  or  to  be 
introduced  in  such  legislature,  or  offer,  promise  or  assent  thereto,  upon 
condition  that  any  other  member  will  give  or  will  promise  or  assent  to 
give  his  vote  or  influence  in  favor  of  or  against  any  other  measure 
or  proposition  pending  or   to   be   introduced   in   such   legislature,    or   in 


TIIH  COXSTITUTION  OF  WYOMING.  235 

consideration  that  any  other  member  has  siven  his  vote  or  influence 
for  or  asuinst  any  other  measure  or  proposition  in  sucli  legislature,  he 
shall  be  deemed  suilty  of  briljery,  and  any  member  of  the  legislature, 
or  person  elected  thereto,  who  shall  be  guilty  of  either  of  such  offences, 
shall  be  expelled  and  shall  not  thereafter  be  eligible  to  the  legislature, 
and  on  conviction  thereof  in  the  civil  courts  shall  be  liable  to  such 
further  penalty  as  may  be  piesciibed  by  law. 

Sec.  43.  Any  person  who  shall  directly  or  indirectly  offer,  give  or 
pi-omise  any  money  or  thing  of  value,  testimonial,  privilege  or  personal 
advantage,  to  any  executive  or  judicial  officer  or  member  of  the  legis- 
lature, to  influence  him  in  the  performance  of  any  of  his  official  duties 
shall  be  deemed  guilty  of  bribery,  and  be  punished  in  such  manner  as 
shall  be  provided  by  law. 

Sec.  44.  Any  person  may  be  compelled  to  testify  in  any  lawful  in- 
vestigation or  judicial  proceeding  against  any  person  who  may  be 
charged  witli  having  committed  the  offense  of  bribery  or  corrupt 
solicitation,  or  practices  of  solicitation,  and  shall  not  be  permitted  to 
withhold  his  testimony  upon  the  ground  that  it  may  criminate  him- 
self, or  subject  him  to  public  infamy;  but  such  testimony  shall  not 
afterwards  be  used  against  him  hi  any  judicial  proceeding,  except  for 
perjury  in  giving  such  testimony,  and  any  person  convicted  of  either 
of  the  offenses  aforesaid  shall,  as  part  of  the  punishment  therefor,  be 
disqualified  from  holding  any  office  or  position  of  honor,  trust  or  profit 
in    this    State. 

Sec.  45.  The  offense  of  corrupt  solicitation  of  members  of  the  legis- 
lature or  of  public  officers  of  the  State,  or  of  any  municipal  division 
thereof,  and  the  occupation  or  practice  of  solicitation  of  such  members 
or  officers  to  influence  their  official  action  shall  be  defined  by  law  and 
shall  be  punishable  by  fine  and  imprisonment. 

Sec.  46.  A  member  who  has  a  personal  or  private  Interest  In  any 
measure  or  bill  proposed  or  pending  before  the  legislature  shall  dis- 
close the  fact  to  the  house  of  which  he  is  a  member,  and  shall  not 
vote  thereon. 

APPORTIONMENT. 

Section  1.  One  representative  in  the  congress  of  the  United  States 
shall  be  elected  from  the  State  at  large,  the  Tuesday  next  after  the 
first  Monday  in  November,  1890,  and  thereafter  at  such  times  and 
places,  and  in  such  manner  as  may  be  prescribed  by  law.  When  a  new 
apportionment  shall  be  made  by  congress,  the  legislature  shall  divide 
the   State  into  congressional  districts  accordingly. 

Sec.  2.  The  legislature  shall  provide  by  law  for  an  enumeration  of 
the  inhabitants  of  the  .State  in  the  year  1895,  and  every  tenth  year 
thereafter,  and  at  the  session  next  following  such  enumeration,  and 
also  at  the  session  next  following  an  enumeration  made  by  the  au- 
thority of  the  United  States,  shall  revise  and  adjust  the  apportion- 
ment for  senators  and  representatives,  on  a  basis  of  such  enumeration 
according  to  ratios  to  be  fixed  by  law. 

Sec.  3.  Representative  districts  may  be  altered  from  time  to  time 
as  public  convenience  may  require.  When  a  representative  district 
shall  be  composed  of  two  or  more  counties,  they  shall  be  contiguous, 
and  the  districts  as  compact  as  may  be.  No  county  shall  be  divided 
in   the  formation  of  representative  districts. 


•2-Mi  TIIK   COVKKXMKNT   OF   WYOMING. 

Sec.  4.  Until  an  appoilionment  of  .senalor.s  and  representatives  as 
otherwi.se  provided  by  law,  tliey  shall  be  divided  auKjng  the  several 
counties  of  the  State  In  the  followins  manner: 

Albany  county,   two  senators  and   iive  representatives. 

Carbon  county,   two  senators  and  five  representatives. 

Converse  county,  one  senator  and  three  representatives. 

Crook  county,   one  senator  and  two  representatives. 

Fremont  county,  one  .senator  and    two   representatives. 

IjaraTuie  coimty,    tliree  senators  and   si.x;   representatives. 

.Johnson  county,  one  senator  and  two  representatives. 

Sheridan  county,  one  senator  and  two  representatives. 

Sweetwater  county,  two  senators  and  three  representatives. 

I'^inta  county,   two  senators  and   three   representatives. 

ARTICLE    IV. 
Executive    Department. 

Section  1.  The  executive  power  shall  be  vested  in  a  governor,  who 
shall  hold  his  office  for  the  term  of  four  (4)  years  and  until  his  suc- 
cessor is  elected  and  duly  qualified. 

Sec.  2.  No  person  shall  be  eligible  to  the  office  of  governor  unless 
he  be  a  citizen  of  the  United  States  and  a  qualified  elector  of  the 
State,  who  has  attained  the  age  of  thirty  years,  and  who  has  resided 
five  years  next  preceding  the  election  within  the  State  or  territory, 
nor  shall  he  be  eligible  to  any  other  office  during  the  term  for  which 
he  was  elected. 

Sec.  3.  The  governor  shall  be  elected  by  the  qualified  electors  of  the 
State  at  the  time  and  place  of  choosing  members  of  the  legislature. 
The  person  having  the  highest  number  of  votes  for  governor  sliall  be 
declared  elected,  but  if  two  or  more  shall  have  an  equal  and  highest 
number  of  votes  for  governor,  the  two  houses  of  the  legislature  at  its 
next  regular  session  shall  forthwith,  by  joint  ballot,  choose  one  of 
such  persons  for  said  office.  The  returns  of  the  election  for  governor 
shall  be  made  in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  4.  The  governor  shall  be  commander-in-chief  of  the  military 
forces  of  the  State,  except  when  they  are  called  into  the  service  of  the 
U^nited  States,  and  may  call  out  the  same  to  execute  the  laws,  sup- 
press insurrection  and  lepel  invasion.  He  shall  have  power  to  con- 
vene the  legislature  on  extraordinary  occasions.  He  shall  at  the  com- 
mencement of  each  session  communicate  to  the  legislature  by  mes- 
sage, information  of  the  condition  of  the  State,  and  recommend  such 
measures  as  he  shall  deem  expedient.  He  shall  transact  all  necessary 
business  with  the  officers  of  the  government,  civil  and  military.  He 
shall  expedite  all  such  measures  as  may  be  resolved  upon  by  the  legis- 
lature and  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  5.  The  governor  shall  have  power  to  remit  fines  and  forfeitures, 
to  grant  reprieves,  commutations  and  pardons  aftM-  conviction,  for  all 
offences  e.xcept  treason  and  cases  of  impeachment;  but  the  legislature 
may  by  law  regulate  the  manner  in  which  the  remission  of  fines,  par- 
dons, commutations  and  reprieves  may  be  applied  for  Upon  convic- 
tion for  treason  he  shall  have  power  to  suspend  the  execution  of  sen- 
tence until  the  case  is  reported  in  the  legislature  at  its  next  regular 
session,  when  the  legislature  shall  either  pardon,  or  commute  the  sen- 
tence,  direct   the  execution  of  the  sentence  or  grant  further  reprieve. 


Tin-:  CONSTITUTION  OF  WYOMING.  237 

He  shall  I'ommunicate  to  the  legislature  at  each  regular  session  each 
case  of  remission  of  fine,  reprieve,  commutation  or  pardon  granted  by 
him,  stating  the  name  oi  the  convict,  the  (-rime  for  which  he  was 
convicted,  the  sentence  and  its  date,  and  the  date  of  the  remission, 
commutation,  pardon  or  reprieve  with  his  reasons  for  granting  the 
same. 

Sec.  6.  If  the  governor  be  impeached,  displaced,  resign  or  die,  or 
from  mental  or  physical  disease  or  otherwise  become  incapable  of  per- 
forming the  duties  of  his  office  or  be  absent  from  the  State,  the  secre- 
tary of  state  shall  act  as  governor  until  the  vacancy  is  filled  or  the 
disability  removed. 

Sec.  7.  Wiien  an.N-  office  from  any  cause  becomes  vacant,  and  no 
mode  is  provided  by  the  constitution  or  law  for  filling  such  vacancy, 
the  governor  shall  have  the  power  to  fill  the  same  by  appointment. 

Sec.  8.  Every  bill  which  has  passed  the  legislature  shall,  before  it 
becomes  a  law,  be  presented  to  the  governor.  If  he  approve,  he  shall 
sign  it;  but  if  not,  he  shall  return  it  with  his  objections  to  the  house 
in  which  it  originated,  which  shall  enter  the  objections  at  large  upon 
the  journal  and  proceed  to  reconsider  it.  If,  after  such  reconsidera- 
tion, two-thirds  of  the  members  elected  agree  to  pass  the  bill,  it  shall 
be  sent,  together  with  the  objections,  to  the  other  house,  by  which  it 
shall  likewise  be  reconsidered,  and  if  it  be  approved  by  two-tliirds 
of  the  members  elected,  it  shall  become  a  law;  buv  in  all  such  cases 
the  vote  of  both  houses  shall  be  determined  by  yeas  and  nays,  and 
the  names  of  the  members  voting  for  and  against  the  bill  shall  be 
entered  upon  the  journal  of  each  house  respectively.  If  any  bill  is  not 
returned  by  the  governor  within  tiiree  days  (Sundays  excepted)  after 
its  presentation  to  him,  the  same  shall  be  a  law,  unless  the  legislature 
by  its  adjournment,  prevent  its  return,  in  which  case  it  shall  be  a  law, 
unless  he  shall  file  the  same  with  his  objections  in  the  office  of  the 
secretary  of  state  within  fifteen  days  after  such  adjournment. 

Sec.  9.  The  governor  shall  have  power  to  disapprove  of  any  item 
or  items  or  part  or  parts  of  any  bill  making  appropriations  of  money 
or  property  embracing  distinct  items,  and  the  part  or  parts  of  the 
bill  approved  shall  be  the  law,  and  the  item  or  items  and  part  or  parts 
disapproved  shall  be  void  unless  enacted  in  the  following  manner:  If 
the  legislature  be  in  session  he  shall  transmit  to  the  house  in  which 
the  bill  originated  a  copy  of  the  item  or  items  or  part  or  parts  thereof 
disapproved,  together  with  his  objections  thereto,  and  the  items  or 
parts  objected  to  shall  be  separately  reconsidered,  and  each  item  or 
part  shall  then  take  the  same  course  as  is  prescribed  for  the  passage  of 
bills  over  the  executive  veto. 

Sec.  10.  Any  governoi-  of  this  State  who  asks,  receives  or  agrees  to 
receive  any  bribe  upon  any  understanding  that  his  official  opinion, 
judgment  or  action  shall  be  influenced  thereby,  or  who  gives  or  offers, 
or  promises  his  official  influence  in  consideration  that  any  member  of 
the  legislature  shall  give  his  official  vote  or  influence  on  any  particular 
side  of  any  question  or  matter  upon  which  he  is  required  to  act  in  his 
official  capacity,  or  who  menaces  any  member  by  the  threatened  use 
of  his  veto  power,  or  who  offers  or  promises  any  member  that  he, 
the  governor,  will  appoint  any  particular  person  or  persons  to  any 
office  created  or  thereafter  to  be  created,  in  considei-ation  that  any 
member  shall  give  his  official  vote  or  influence  on  any  matter  pending 
or  thereafter  to  be  introduced   into  either  house  of  said  legislature:   or 


:>;{S  TllK   (iOVKRNMENT   OF  WYOMING. 

wlio  threatens  any  member  that  he,  the  governor,  will  remove  any 
person  or  persons  from  office  or  position  with  intent  in  any  manner 
to  influence  the  action  of  said  member,  shall  be  punished  in  the  man- 
ner now  or  that  may  hereafter  be  provided  by  law,  and  upon  convic- 
tion thereof  shall  foifeit  all  right  to  hold  or  exercise  any  office  of  trust 
oi"  honor  in  this  State. 

Sec.  11.  There  shall  be  chosen  by  the  qualified  electors  of  the  State 
at  the  limes  and  places  of  choosing  members  of  the  legislature,  a 
secretary  of  state,  auditor,  treasurer,  and  superintendent  of  public 
instruction,  who  shall  have  attained  the  age  of  twenty-five  years  re- 
spectively, shall  be  citizens  of  the  United  States,  and  shall  have  the 
qualifications  of  State  electors.  They  shall  severally  hold  their  offices 
at  the  seat  of  government,  for  the  term  of  four  (4)  years  and  until 
their  successors  are  elected  and  duly  qualified,  but  no  person  shall  be 
eligible  for  the  office  of  tieasurer  for  four  (4)  years  after  the  expira- 
tion of  the  term  for  which  he  was  elected.  The  legislature  may  pro- 
vide for  such  other  State  officers  as  are  deemed  necessary. 

Sec.  12.  The  powers  and  duties  of  the  secretary  of  slate,  of  state 
auditor,  treasurer  and  superintendent  of  public  instruction  shall  be  as 
prescribed   by  law. 

Sec.  13.  Until  olheiwise  provided  by  law,  the  governor  shall  receive 
an  annual  salary  of  two  thousand  five  hundred  dollars,  the  secretary  of 
state,  state  auditor,  state  treasurer  and  superintendent  of  public  in- 
struction shall  each  receive  an  annual  salary  of  two  thousand  dollars, 
and  the  salaries  of  any  of  the  said  officers  shall  not  be  increased  or 
diminished  during  the  period  for  which  they  were  elected,  and  all 
fees  and  profits  arising  from  any  of  tlie  said  offices  shall  be  covered 
into   the   State   treasury. 

Sec.  14.  The  legislature  shall  provide  for  a  state  examiner,  who 
sliall  be  appointed  by  the  governor  and  confirmed  by  the  senate.  His 
duty  shall  be  to  examine  the  accounts  of  state  treasurer,  supreme  court 
clerks,  district  court  clerks,  and  all  county  treasurers,  and  treasurers 
of  such  other  public  institutions  as  the  law  may  require,  and  shall 
perform  such  other  duties  as  the  legislature  may  prescribe.  He  shall 
report  at  least  once  a  year,  and  oftener  if  required,  to  such  officers 
as  are  designated  by  the  legislature.  His  compensation  shall  be  fixed 
by  law. 

Sec.  15.  There  shall  be  a  seal  of  state  which  shall  be  called  the 
"Great  Seal  of  the  State  of  Wyoming;"  it  shall  be  kept  by  the  secre- 
tary of  -state  and  used  by  him  officially  as  directed  by  law. 

The  seal  of  the  Territory  of  Wyoming  as  now  used  shall  be  the  seal 
of   the   State   until   otherwise  provided   by   law. 


ARTICLE    V. 
Judicial      Department. 

Section  1.  The  judicial  power  of  the  State  shall  be  vested  in  the 
senate,  sitting  as  a  court  of  impeachment,  in  a  supreme  court,  dis- 
trict courts,  justices  of  the  peace,  courts  of  arbitration  and .  such 
courts  as  the  legislature  may,  by  general  law,  establish  for  incor- 
porated cities  or  incorporated  towns. 


THE  ("ONSTITUTION  OF  WYOMING.  239 

Sec.  2.  The  supretno  c'ourt  shall  have  general  appellate  jurisdiction, 
co-extensive  with  tlie  Slate,  in  'ootli  civil  and  criminal  causes,  and 
.shall  have  a  general  superintending  control  over  all  inferior  courts, 
under  such  rules  and  regulations  as  may  be  prescribed  by  law. 

Sec.  3.  The  supreme  court  shall  hav'e  original  jurisdiction  in  quo 
warranto  and  mandamus  as  to  all  State  officers,  and  in  habeas  corpus. 
The  supreme  court  sliall  also  have  rower  to  issue  writs  of  mandamus, 
review,  proliibition,  habeas  corpus,  certiorari,  and  other  writs  neces- 
sary and  proper  to  the  complete  exercise  of  its  appellate  and  revisory 
jurisdiction.  Each  of  the  judges  shall  have  power  to  issue  writs  of 
habeas  corpus  to  any  part  of  the  State  upon  petition  by  or  on  behalf 
of  a  person  held  in  actual  custody,  and  may  make  such  writs  re- 
turnable before  himself  or  before  the  supreme  court,  or  befoi-e  ;in.\- 
district  court  of  the  State  or  any  judge  thereof. 

Sec.  4.  The  supreme  court  of  the  State  shall  consist  of  three  jus- 
tices, who  shall  be  elected  by  the  qualified  electors  of  the  State  at  a 
general  State  election  at  the  times  and  places  at  which  State  oflficers 
are  elected;  and  their  term  of  office  shall  be  eight  (8)  years,  com- 
mencing from  and  after  the  first  Monday  in  January  next  succeed- 
ing their  election;  and  the  justices  elected  at  the  first  election  after 
this  constitution  shall  go  into  effect  shall,  at  their  first  meeting  pro- 
vided by  law,  so  classify  themselves  bj'  lot  that  one  of  them  shall 
go  out  of  office  at  the  end  of  four  (4)  years,  and  one  at  the  end  of  si.x 
(6)  years,  and  one  at  the  end  of  eight  (8)  years  from  the  commence- 
ment of  their  term,  and  an  entry  of  such  classification  shall  be  made 
in  the  record  of  the  court  and  signed  by  them,  and  a  duplicate  thereof 
shall  be  filed  in  the  office  of  the  secretary  of  state.  The  justice  hav- 
ing the  shortest  term  to  serve  and  not  holding  his  office  by  appoint - 
mint  or  election  to  fill  a  vacancy,  shall  be  the  chief  justice  and  shall 
preside  at  all  terms  of  the  supreme  court,  and,  in  case  of  his  absence, 
the  justice  having  in  like  manner  the  next  shortest  term  to  serve, 
shall  preside  in  his  stead.  If  a  vacancy  occur  in  the  office  of  a  justice 
of  the  supreme  court,  the  governor  shall  appoint  a  person  to  hold  the 
office  until  the  election  and  (qualification  of  a  person  to  fill  the  une.x- 
pired  term  occasioned  by  such  vacancy,  which  election  shall  take  place 
at  the  next  succeeding  general  election.  The  first  election  of  the  jus- 
tices shall  be  at  the  first  general  election  after  this  constitution  shall 
go  into  effect. 

Sec.  5.  A  majority  of  the  justices  of  the  supreme  court  shall  be 
necessary  to  constitute  a  quorum   for  the  transaction  of  business. 

Sec.  6.  In  case  a  judge  of  the  supreme  court  shall  be  in  any  way 
interested  in  a  cause  brought  before  such  court  the  remaining  judges 
of  said  court  shall  call  one  of  the  district  judges  to  sit  with  them  on 
the  hearing  of  said  cause. 

Sec.  7.  At  least  two  terms  of  the  supreme  court  shall  be  held  an- 
nually at  the  seat  of  government  at  such  times  as  may  be  provided 
by  law. 

Sec.  8.  No  person  shall  be  eligible  to  the  office  of  justice  of  the 
supreme  court  unless  he  be  learned  in  the  law,  have  been  in  actual 
practice  at  least  nine  (9)  years,  or  whose  service  on  the  bench  of 
any  court  of  record,  when  added  lo  the  time  he  maj'  have  practiced 
law,  shall  be  equal  to  nine  (9)  years,  be  at  least  thirty  years  of  age 
and  a  citizen  of  the  Ignited  States,  nor  unless  he  shall  have  resided 
i  1   this  State  or  Territoiy  at   least   three  years. 


•J40  'VWK   (iOVKKNMKN'r   Ob'    WYOMING. 

Sec.  9.  There  shall  be  a  clerk  of  llie  supreme  court  wlio  shall  be 
appointed  by  the  justices  of  said  court  and  shall  hold  his  office  during 
their  pleasure,  and  whose  duties  and  emoluments  shall  be  as  provided 

by    law. 

Sec.  10.  The  district  couil  shall  have  orif^inal  jurisdiction  of  all 
causes  at  law  and  in  equitj'  and  in  all  criminal  cases,  of  all  matters 
of  probate  and  insolvency  and  of  such  special  cases  and  proceedings 
as  are  not  otherwise  provided  for.  The  district  court  shall  also  have 
original  jurisdiction  in  all  cases  and  of  all  proceedings  in  which  juris- 
diction shall  not  have  been  by  law  vested  exclusively  in  some  other 
court;  and  said  court  shall  have  the  power  of  naturalization  and  to 
issue  papers  therefor.  The.v  shall  have  such  appellate  jurisdiction  in 
cases  arising  in  justices'  and  other  inferior  courts  in  their  respective 
counties  as  may  be  prescribed  by  law.  Said  courts  and  their  judges 
shall  have  power  to  issue  writs  of  mandamus,  quo  warranto,  review, 
certiorari,  prohibition,  injunction  and  writs  of  habeas  corpus,  on  peti- 
tion by  or  on  behalf  of  any  person  in  actual  custody  in  their  respective 
districts. 

Sec.  11.  The  judges  of  the  district  courts  may  hold  courts  for  each 
other  and  shall  do  so  when  required   by  law. 

Sec.  12.  No  person  shall  be  eligible  to  the  office  of  judge  of  the 
dirtrict  court  unless  he  be  learned  in  the  law,  be  at  least  twenty- 
eight  years  of  age,  and  a  citizen  of  the  United  States,  nor  unless  he 
shall  have  resided  in  the  State  or  Territory  of  W.voming  at  least  two 
years   next   preceding   his   election. 

Sec.  13.  There  shall  be  a  clerk  of  the  district  court  in  each  organ- 
ized county  in  which  a  court  is  holden  who  shall  be  elected,  or,  in 
i-ase  of  vacancy,  appointed  in  such  inannei-  and  with  such  duties  and 
compensation  as  ma.v  be  prescribed  by  law. 

See.  14.  The  legislature  shall  provide  by  law  for  the  appointment 
by  the  several  district  courts  of  one  or  more  district  court  commis- 
sioners (who  shall  be  persons  learned  in  the  law)  in  each  organized 
county  in  which  a  district  court  is  holden,  such  commissioners  shall 
have  authority  to  perform  such  chamber  business  in  the  absence 
of  the  district  judge  from  the  county  or  upon  his  written  statement 
liled  with  the  papers,  that  It  is  improper  for  him  to  act,  as  may  be 
prescribed  l)y  law,  to  take  depositions  and  perform  such  other  duties, 
and  receive  such  compensation   as  shall  be  prescribed  by  law. 

Sec.  15.  The  style  of  all  process  shall  be  "The  State  of  Wyoming." 
All  prosecutions  shall  be  carried  on  in  the  name  and  by  the  authority 
of  the  State  of  Wyoming,  and  con'^'lude  "against  the  peace  and  dignity 
of  the   State  of  Wyoming." 

Sec.  16.  No  duties  shall  be  imposed  by  law  upon  the  supreme  court 
or  any  of  the  judges  thereof,  except  such  as  are  judicial,  nor  shall 
any  of  the  judges  thereof  exercise  any  power  of  appointment  except 
as    herein   provided. 

Sec.  17.  The  judges  of  the  supreme  and  district  courts  shall  re- 
ceive such  compensation  for  their  services  as  may  be  prescribed  by 
law,  which  compensation  shall  not  be  increased  or  diminished  dui'ing 
the  term  for  which  a  judge  shall  have  been  elected,  and  the  salary 
of  a  judge  of  the  supieme  or  district  court  shall  be  as  may  be  pre- 
scribed  by   law. 


TllK  CONSTITUTION  OF  WVOMlNCi.  241 

Sec.  18.  \Vrit.s  of  error  am?  appeals  may  be  allowed  from  the  deci- 
sions of  the  (listriol  courts  to  the  supreme  oourts  under  suoli  regu- 
lations  as   may   he   prescribed   by   law. 

Sec.  19.  Until  otlierwise  provided  by  law,  the  State  shall  be  divided 
into  three  judicial  districts,  in  each  of  wliich  there  shall  be  elected  at 
general  elections,  by  the  electors  thereof,  one  judge  of  the.  district 
I'ourt  therein,  whose  terms  shall  be  six  (6)  years  from  the  first  Mon- 
day in  January  succeeding  his  election  and  until  his  successor  is  duly 
(|iialitieti. 

Sec.  20,  I'ntil  otherwise  provided  by  law,  said  judicial  districts,  shall 
he  constituted   as  follows: 

District  number  one  shall  consij^t  of  the  I'ounties  of  l^araniie.  Con- 
verse and   Crook. 

District  number  two  sliall  consist  of  tlie  coimties  of  Albany,  .John- 
son and   Sheridan. 

District  number  three  sliall  consist  of  the  counties  of  Carbon,  Sweeit- 
water,    Uinta  and   Fremont. 

Sec.  21.  The  legislature  may  from  time  to  time  increase  the  nurn- 
ber  of  said  judicial  districts  and  the  judges  thereof,  but  such  increase 
or  change  in  the  boundaries  of  the  district  shall  not  work  the  removal 
of  any  judge  from  his  office  during  the  term  for  which  he  may  have 
been  elected  or  appointed;  provided  the  niunber  of  districts  and  dis- 
trict judges  shall  not  exceed  four  until  the  taxable  valuation  of  prop- 
erty in  the  State  shall  exceed  one  hundred  million  dollars  ($100,000,000). 

Sec.  22.  The  legislature  shall  provide  by  law  for  the  election  of 
justices  of  the  peace  in  each  org;inized  county  within  the  State.  But 
the  number  of  said  justices  to  be  elected  in  each  organized  county 
shall  be  limited  by  law  to  such  number  as  shall  be  necessary  for  the 
proper  administration  of  justice.  The  justices  of  the  peace  herein  pro- 
vided for  shall  have  concurrent  jurisdiction  with  the  district  court 
m  all  civil  actions  where  the  amount  in  controversy,  exclusive  of  cos.ts, 
does  not  exceed  two  hundred  dollars,  and  they  shall  have  such  juris- 
diction to  hear  and  determine  cases  of  inisdemeanor  as  may  be  pro- 
vided by  law,  but  in  no  case  shall  said  justices  of  the  peace  have 
jurisdiction  when  the  boimdaries  of  or  title  to  real  estate  shall  come 
into  question. 

Sec.  23.  Appeals  shall  lie  from  the  final  decisions  of  justices  of  the 
peace  and  police  magistrates  in  such  cases  and  pursuant  to  such  regu- 
lations as  may  be  prescribed  by  law. 

Sec.  24.  The  time  of  holding  courts  in  the  several  counties  of  a  dis- 
trict shall  be  prescribed  by  law,  and  the  legislature  shall  make  pro- 
visions for  attaching  unorganized  counties  or  territory  to  organized 
counties  for  judicial  purposes. 

Sec.  25.  No  judge  of  the  supr?me  or  district  court  shall  act  as 
attorney  or  counselloi   at  law. 

Sec.  26.  Until  the  legislature  shall  provide  by  law  for  fixing  the 
terins  of  courts,  the  judges  of  the  supreme  court  and  district  courtf^ 
shall   fix  the  terms  thereof. 

Sec.  27.  No  judge  of  the  supreme  or  district  court  shall  be  elected 
or  appointed  to  any  other  than  judicial  offices  or  be  eligible  thereto 
during  the  term  for  which  he  was  elected  or  appointed  such  judge. 

Sec.  28.  Appeals  from  decisions  of  compulsory  boards  of  arbitration 
;hall  be  allowed  to  the  supreme  court  of  the  State,  and  the  manner 
of   taking   such    appeals    shall    be    prescribed    by    law. 


242  THK   GOVERNMENT   OI'^   WYOMING. 

ARTICLE    VI. 
Suffrage. 

Section  1.  Tho  liKlits  i)t'  cilizeiis  of  tlie  State  of  Wyoming  to  vote 
and  hold  office  shall  not  lie  denied  or  abridged  on  account  of  sex. 
t?olh  male  and  female  citizens  of  vliis  State  sliall  equally  enjoy  all  civil, 
political   and    religious    rights   and    privileges. 

Sec.  2.  Every  citizen  of  the  United  States  of  the  age  of  twenty- 
one  years  and  upwards,  who  has  resided  in  the  State  or  Territory 
one  year  and  in  the  county  wherein  such  residence  is  located  sixty 
days  next  preceding  any  election,  shall  be  entitled  to  vote  at  such 
election,    except   as   herein  otherwise   provided. 

Sec.  3.  Electors  shall  in  all  cases  except  treason,  felony  or  breach 
of  the  peace,  be  privileged  from  arrest  on  the  days  of  election  during 
their   attendance   at  elections,   and   going  to  and    returning   therefrom. 

Sec.  4.  No  elector  shall  be  obliged  to  perform  militia  duty  on  the 
day  of  election,  except  in  time  of  war  or  public  danger. 

Sec.  5.  No  person  shall  be  deemed  a  qualified  elector  of  this  State, 
unless   such   person   be   a   citizen  of   the   United   States. 

Sec.  6.  All  idiots,  insane  persons,  and  persons  convicted  of  in- 
famous crimes,  unless  restoi-ed  to  civil  rights,  are  excluded  from  the 
elective  franchise. 

Sec.  7.  No  elector  shall  be  deemed  to  have  lost  his  residence  in  the 
State,  by  reason  of  his  absence  on  business  of  the  United  States,  or  of 
this  State,  or  in  the  military  or  naval  service  of  the  United  States. 

Sec.  8.  No  soldier,  seaman,  or  marine  in  the  army  or  navy  of  the 
United  States  shall  be  deemed  a  resident  of  this  State  ni  consequence 
of  his  being  stationed   therein. 

Sec.    9.     No   person    shall    have    the    right    to   vote    who    shall    not   be, 
able    to    read    the    constitution    of    this    State.     The    provisions    of    this 
section  shall  not  apply  to  any  pe.-son  prevented  by  physical  disability 
frorri  complying  with  its  requirements. 

Sec.  10.  Nothing  herein  contain'3d  shall  be  construed  to  deprive  any 
person  of  the  right  to  vote  who  has  such  right  at  the  time  of  the 
adoption  of  this  constitution,  unless  disqualified  by  the  restrictions  of 
section  six  of  this  article.  After  the  expiration  of  five  years  from  the 
time  of  the  adoption  of  this  constitution,  none  but  citizens  of  the 
United   States  shall  have  the  right  to  vote. 

Sec.  11.  All  elections  shall  be  by  ballot.  The  legislature  shall  pro- 
vide by  law  that  the  names  of  all  candidates  for  the  same  office,  to  be 
voted  for  at  any  election,  shall  be  printed  on  the  same  ballot,  at  pub- 
lic expense,  and  on  election  day  vo  h'i  delivered  to  the  voters  within 
the  polling  place  by  sworn  public  officials,  and  only  such  ballots  so 
delivered  shall  be  received  and  t^ounted.  But  no  voter  shall  be  de- 
prived of  the  privilege  of  writing  upon  the  ballot  used  the  name  of 
any  other  candidate.  All  voters  shall  be  guaranteed  absolute  privacy 
in  the  preparation  of  their  ballots,  and  the  secrecy  of  the  ballot  shall 
be   niade   compulsory. 

Sec.  12.  No  person  qualified  to  be  an  elector  of  the  State  of  Wyo- 
niirig  shall  be  allowed  to  vote  at  a-iy  general  or  special  election  here- 
aftei-  to  be  holden  in  the  State,  until  he  or  she  shall  have  registered 
as  a  voter  according  to  law,  unless  the  failure  to  register  is  caused 
by   sickness   or   absence,    for   which   provision    shall    be    made   by   law. 


TlIK  COXSTITl'TiO.N  OF  WVOMINU.  24,S 

Tlio  legislatme  of  Uie  Slate  sliall  enact  siuh  laws  a^  will  carry  into 
effect  the  provisions  of  this  sec-.ion,  which  enactment  shall  be  sub- 
ject to  amendment,  but  shall  never  be  repealed;  but  this  section  shall 
not    apply    to   the   first    election    held    under   this    constitution. 

Elections. 

Section  1.  The  legislature  shall  pass  laws  to  secure  the  purity  of 
elections,  and  guard  against  abuses  of  the  elective  franchise. 

Sec.  2.  The  legislature  shall,  by  general  law,  designate  the  courts  by 
which  the  several  classes  of  election  contests  not  otherwise  pro- 
vided for,  shall  be  tried,  and  regulate  the  manner  of  trial  and  all  mat- 
ters incident  tliereto;  but  no  suoli  law  shall  apply  to  any  contest 
arising  out  of  an   election   held  before  its  passage. 

Sec.  3.  No  person  except  a  qu  ilified  elector  sliall  be  elected  or  ap- 
pointed to  any  civil  or  military   jfRce  in   the  State. 

Sec.  4.  Every  person  holding  any  civil  office  under  the  State  or  any 
municipality  therein  shall,  unless  removed  according  to  law,  exer- 
cise the  duties  of  sucii  offlce  until  his  successor  is  duly  qualified,  but 
this  shall  not  apply  to  members  of  the  legislature,  nor  to  members  of 
any  board  of  assembly,  two  or  more  of  whom  are  elected  at  the  same 
time.  The  legislature  may  by  law  provide  for  suspending  any  officer 
in  his  functions,  pending  impeachm:'nt  or  prosecution  for  misconditct  in 
office. 

Sec.  5.  All  general  elections  for  State  and  county  officers,  for  mem- 
bers of  the  liouse  of  representatives  and  the  senate  of  the  State  of 
Wyoming,  and  representatives  to  the  congress  of  the  United  States, 
shall  be  held  on  the  Tue.sday  following  the  first  Monday  in  November  of 
each  even  year.  Special  elections  inay  be  held  as  now,  or  as  may 
hereafter  be  provided  by  law.  All  State  and  county  officers  elected 
at  a  general  election  shall  enter  upon  their  respective  duties  on  the 
first  Monday  in  .January  next  following  the  date  of  their  election,  or  as 
soon  thereafter  as  may  be  possible. 

Sec.  6.  All  officers,  whose  election  is  not  provided  for  in  this  con- 
stitution, sliall  be  elected  oi-  appointed  as  may  be  directed  by  law. 

Sec.  7.  No  member  of  congress  from  this  State,  nor  anj-'  person 
holding  or  exercising  any  office  or  ;  ppointment  of  trust  or  profit  under 
the  United  States,  shall  at  the  same  time  hold  or  exercise  any  office 
in  this  State  to  which  a  salary,  fees  or  perquisites  shall  be  attached. 
The  legislature  may  by  law  declare  what  offices  are  incompatible. 

Sec.  8.  Senators  ani(  representatives  and  all  judicial.  State  and 
county  officers  shall,  before  entering  upon  the  duties  of  their  respect- 
ive offices,  talie  and  subscribe  the  following  oath  or  afl[irmation:  "I  do 
solemnly  swear  (or  affirm)  that  I  will  support,  obey  and  defend 
the  constitution  of  the  United  States,  and  the  constitution  of  this 
State,  and  that  I  will  dischar.ge  the  duties  of  my  office  with  fidelity; 
that  I  have  not  paid  or  contribute'!,  or  promised  to  pay  or  contribute, 
either  directly  or  indirectly,  any  money  or  other  valuable  thing,  to 
prcnire  my  nomination  or  election,  (or  appointment)  except  for  neces- 
sary and  proper  expenses  expressly  authorized  by  law;  that  I  have  not. 
knowingly,  violated  any  election  law  of  the  State,  or  procured  it  to 
be  done  by  others  in  my  belialf;  that  I  will  not  k'lowingly  receive, 
directly  or  indirectly,  any  money  or  other  valuable  thing  for  the  per- 
formance or  non-pei-formance  of  any  act  or  duty  pertaining  to  my 
office,  other  than  the  compensation  allowed  by  law." 


L>44.  TliK   COVKK.NMKNT   OF    WVOMINC. 

Sec.  9.  Tlie  rorosoiiij;  t)ath  shall  be  acliniiiistered  by  some  person 
HuLhoi'ized  to  ailininister  oaths,  and  in  the  case  of  State  officers  and 
judges  of  the  supreme  court  shall  be  filed  in  the  office  of  the  secre- 
tary of  state,  and  in  the  case  of  other  judicial  and  county  officers  in 
the  office  of  the  clerk  of  the  county  in  which  the  same  is  taken;  any 
person  refusing  to  take  said  oath  or  affirmation  shall  forfeit  his  office, 
and  any  person  who  shall  be  convicted  of  having  sworn  or  affirmed 
falsely,  or  of  having  violated  said  oath  or  affirmation,  sliall  be  guilty 
of  perjury,  and  be  forever  disqualitied  from  holding  any  office  of  trust 
or  profit  within  this  State.  The  oatli  to  members  of  the  senate  and 
house  of  reprt^sentativos  shall  be  administered  by  one  of  the  judges  of 
the  supreme  court  or  a  justice  of  the  peace,  in  the  hall  of  the  house  to 
which    the    memlicrs    shall    be    elected. 

ARTICLE    VII. 
Education. 

Section  1.  The  legislature  sliall  provide  for  tlie  establishment  and 
maintenance  of  a  complete  and  uniform  system  of  public  Instruction, 
embracing  free  elementary  schools  of  every  needed  kind  and  grade, 
a  university  with  such  teclinical  and  professional  departments  as  the 
public  good  may  require  and  the  means  of  the  State  allow,  and  such 
other  institutions  as  may  be  necessary. 

Sec.  2.  The  following  are  declared  to  be  perpetual  funds  for  school 
purposes,  of  which  the  annual  income  only  can  be  appropriated, 
to  wit:  Such  per  centum  as  has  been  or  may  hereafter  be  granted  by 
congress  on  the  sale  of  lands  in  this  State;  all  moneys  arising  from 
the  sale  or  lease  of  sections  number  sixteen  and  thirty-six  in  each 
township  in  the  State,  and  the  lands  selected  or  that  may  be  selected 
in  lieu  thereof;  the  proceeds  of  all  lands  that  have  been  or  may  here- 
after be  granted  to  this  State,  where  by  the  terms  and  conditions 
of  the  grant,  the  same  are  not  to  be  otherwise  appropriated;  the  net 
proceeds  of  lands  and  other  property  and  effects  that  may  come  to 
the  State  by  escheat  or  forfeiture,  or  from  unclaimed  dividends  or 
distributive  shai-es  of  the  estates  of  deceased  persons;  all  moneys, 
stocks-,  bonds,  lands  and  other  property  now  belonging  to  the  common 
school  fund. 

Sec.  3.  To  the  sources  of  revenue  above  mentioned  shall  be  added 
all  other  grants,  gifts  and  devises  that  have  been  or  may  hereafter 
be  made  to  this  State  and  not  otherwise  appropriated  by  tlie  terms 
of  tlie  grant,  gift  or  devise. 

Sec.  4.  All  moneys,  stocks,  bonds,  lands  and  other  property  belong- 
ing to  a  county  school  fund,  except  such  moneys  and  property  as 
may  be  provided  by  law  for  current  use  in  aid  of  public  scliools, 
shall  belong  to  and  be  securely  invested  and  sacredly  presei'ved  in  the 
sevei'al  counties  as  a  county  public  school  fund,  the  income  of  which 
shall  be  appropriated  exclusively  to  the  use  and  support  of  free  pub- 
lic schools  in  the  several  counties  of  the  State. 

See.  5.  All  fines  and  penalties  under  general  laws  oi  the  State 
shall  belong  to  the  public  school  fund  of  the  respective  counties  and 
be  paid  over  to  the  custodians  of  such  funds  for  the  current  support 
of  the  public  schools  therein. 

Sec.  6.  All  funds  belonging  to  the  State  for  public  school  purposes, 
the  interest  and  income  of  which  only  are  to  be  used,  shall  be  deemed 


THK  CONSTITITTION  OF  WYOMING.  245 

trust  funds  in  the  car'i  of  tlie  State,  which  shall  keep  tliem  for  the 
exflusive  benefit  of  the  public  scliools,  and  shall  make  good  any  losses 
that  may  in  any  manner  occur,  so  that  the  same  shall  remain  for- 
ever inviolate  and  undiminished.  None  of  such  funds  shall  ever  be  in- 
vested or  loaned  e.xiept  on  the  bonds  issued  by  school  districts,  or 
registered  county  bonds  of  the  State,  or  State  securities  of  this  State, 
or  of  the  United   States. 

Sec.  7.  The  income  arising  from  the  funds  mentioned  in  the  pre- 
ceding section,  togethei-  with  all  the  rents  of  the  unsold  school  lands 
and  such  other  mean.s  as  the  legislature  may  provide,  shall  l)e  ex- 
clusively applied  to  tlie  support  of  free  schools  in  every  county  in  the 
State. 

Sec.  8.  Provision  shall  be  made  by  general  law  for  the  equitable 
distribution  of  such  income  among  the  several  counties  according  to 
the  number  of  children  of  school  age  in  each;  which  several  coun- 
ties shall  in  like  manner  distribute  the  proportion  of  said  fund  by  them 
received  respectively  to  the  several  school  districts  embraced  therein. 
But  no  appropriation  shall  be  made  from  said  fund  to  any  district  for 
the  year  in  which  a  school  has  not  been  maintained  for  at  least  three 
months;  nor  shall  any  portion  of  any  public  school  fund  ever  be  used 
to  support  or  assist  any  private  school,  or  any  school,  academy, 
seminary,  college  or  other  institution  of  learning  controlled  by  any 
church  or  sectarian  organization  or  religious  denomination  whatso- 
ever. 

Sec.  9.  The  legislature  shall  make  such  further  provision  by  taxa- 
tion or  otherwise,  as  with  the  iu'i'ome  arising  from  the  general  school 
fund  will  create  and  maintain  a  thorough  and  efficient  system  of  public 
schools,  adequate  to  the  proper  instruction  of  all  the  youth  of  the  State, 
between  the  ages  of  six  and  twenty-one  years,  free  of  charge;  and  in 
view  of  such  provision  so  made,  the  legislature  shall  require  that  every 
child  of  sufficient  physical  and  mental  ability  shall  attend  a  public 
school  during  the  period  between  six  and  eighteen  years  for  a  time 
equi\'alent  to  three  years,  unless  educated  by  other  means. 

Sec.  10.  In  none  of  the  public  schools  so  established  and  maintained 
shall  distinction  or  discrimination  be  made  on  account  of  sex,  race  or 
color. 

Sec.  11.  Neither  the  legislature  nor  the  superintendent  of  public  in- 
struction shall  have  power  to  prescribe  text  books  to  be  used  in  the 
public   schools. 

Sec.  12.  No  sectarian  instruction,  qualifications  or  tests  shall  be 
imparted,  exacted,  applied  or  in  any  manner  tolerated  in  the  schools 
of  any  grade  or  character  controlled  by  the  State,  nor  shall  attendance 
be  required  at  any  religious  service  therein,  nor  shall  any  sectarian 
tenets  or  doctrines  be  taught  or  favored  in  any  public  school  or  in- 
stitution  that  may  be   established   under   this  constitution. 

Sec.  13.  The  governor,  secretary  of  state,  state  treasurer  and  super- 
intendent of  public  instruction  shall  constitute  the  board  of  land  com- 
missioners, which,  under  direction  of  the  legislature,  as  limited  by 
this  constitution,  shall  have  direction,  control,  leasing  and  disposal  of 
the  lands  of  the  State  granted,  or  which  may  be  hereafter  granted 
for  the  support  and  benefit  of  public  schools,  subject  to  the  further 
limitations  that  the  sale  of  all  lands  shall  be  at  public  auction,  after 
such    delay    (not    less    than    the    time    fixed    by    Congress)    in    portions 


246  'I'Hl-;   tlOVEKNMKN'r   OF   \VVOMIN(;. 

at  proper  inlervals  of  time,  find  at  suth  mininium  prices  (not  less 
than  the  mininium  fixed  by  Coriji;ie.ss)  as  to  realize  tlie  larsest  pos- 
sible  proceeds. 

Sec.  14.  The  general  sui'ervision  of  the  public  schools  shall  be  en- 
trusted to  the  State  superintendent  of  public  instruction,  whose  powers 
and  duties  shall  be  prescribed  l)y  law. 


The     University. 

Sec.  15.  The  establishment  of  the  University  of  Wyoming  is  hereby 
confirmed,  and  said  institution,  with  its  several  departments,  is  hereby 
declared  to  be  the  University  of  the  State  of  Wyoming.  All  lands 
which  have  been  heretofore  granted  or  which  may  be  granted  here- 
after by  Congress  unto  the  imiversity  as  such,  or  in  aid  of  the  instruc- 
tion to  be  given  in  any  of  its  departments,  with  all  other  grants, 
donations,  or  devises  for  said  univ3rsity,  or  for  any  of  its  departments, 
shall  vest  in  said  university,  and  be  exclusively  used  for  the  purposes 
for  which  they  were  granted,  donated  or  devised.  The  said  lands 
may  be  leased  on  terms  approved  by  the  land  commissioners,  but  may 
not  be  sold  on  terms  not  approved  by  Congress. 

Sec.  16.  The  university  shall  be  equally  open  to  students  of  botli 
sexes,  irrespective  of  race  or  color;  and,  in  order  that  the  instruction 
furnished  may  be  as  nearly  free  fs  possible,  any  amount  in  addition 
to  the  income  from  its  grants  of  lands  and  other  sources  above  men- 
tioned, necessary  to  its  support  tmd  maintenance  in  a  condition  of 
full  efficiency  shall  be  raised  by  taxation  or  otherwise,  under  pro- 
visions of  tlie  legislature. 

Sec.  17.  The  legislature  shall  provide  by  law  for  tlie  management 
of  the  university,  its  lands  and  other  property  by  a  board  of  trustees, 
consisting  of  not  less  than  seven  members,  to  be  appointed  by  the 
governor  by  and  with  the  advice  and  consent  of  the  senate,  and  the 
president  of  the  university,  and  the  superintendent  of  public  instruc- 
tion, as  members  ex-offlcio,  as  such  having  the  right  to  speak,  but  not 
to  vote.  The  duties  and  powers  of  the  trustees  shall  be  prescribed  by 
law. 


Charitable    and    Penal    Institutions. 

Sec.  18.  Such  charitable,  reformatoi'y  and  penal  institutions  as  the 
claims  of  humanity  and  the  public  good  may  require,  shall  be  estab- 
lished and  supported  by  the  State  in  such  manner  as  the  legislature 
may  prescribe.  They  shall  be  under  the  general  supervision  of  a  State 
board  of  charities  and  reform,  whose  duties  and  powers  shall  he  pre- 
scriljed  by  law. 

Sec.  19.  The  property  of  all  charitable  and  penal  institutions  be- 
longing to  tlie  Territory  of  Wyoming  shall,  upon  the  adoption  of  this 
constitution,  become  the  property  of  the  State  of  Wyoming,  and  such 
of  said  institutions  as  are  then  in  actual  operation,  shall  thereafter 
have  the  supervision  of  the  board  of  charities  and  reform  as  provided 
in  the  last  preceding  section  of  rliis  article,  under  provisions  of  the 
legislature. 


T  111-;  ( •(  ).\  ST  I T  HT 1  OX  OF  W  VOM  1 NG.  247 

Public    Health    and    Morals. 

Sec.  20.  As  the  health  and  morality  of  the  people  are  essential  to 
I  heir  well-being,  and  to  the  peace  and  permanence  of  the  State,  it  shall 
be  the  duty  of  the  legislature  to  protect  and  promote  these  vital  inter- 
ests by  such  measures  for  the  encouragement  of  temperance  and  virtue, 
and  such  restrictions  upon  vice  and  immorality  of  every  sort,  as  are 
deemed  necessary  to  the  public  welfare. 

Public    Buildings. 

Sec.  21.  All  public  buildings  and  other  property,  belonging  to  the 
Territory  shall,  upon  the  adoption  of  this  constitution,  become  the 
property  of  the  State  of  Wyoming. 

Sec.  22.  Tlie  construction,  care  and  preservation  of  all  pulilic  build- 
ings of  the  State  not  under  the  control  of  the  board  of  officers  of 
public  institutions  by  authority  of  law  shall  be  entrusted  to  such  offi- 
cers or  boards,  and  under  such  regulations  as  shall  be  prescribed  by 
law. 

Sec.  23.  The  legislature  shall  have  no  power  to  change  or  to  locate 
the  seat  of  government,  the  State  University,  insane  asylum,  or  State 
penitentiary,  but  may  after  the  expiration  of  ten  (10)  years  after  the 
adoption  of  this  constitution,  provide  by  law  for  submitting  the  ques- 
tion of  the  permanent  locations  thereof,  respectively,  to  the  qualified 
electors  of  the  State,  at  some  general  election,  and  a  majority  of  all 
votes  upon  said  question  cast  at  said  election,  shall  be  necessary  to 
determine  the  location  thereof;  but  for  said  period  of  ten  (10)  years, 
and  until  the  same  are  respectively  and  permanently  located,  as  herein 
provided,  the  location  of  the  seat  of  government  and  said  institutions 
shall  be  as  follows: 

The  seat  of  government  shall  be  located  at  the  City  of  Cheyenne,  in 
the  county  of  Laramie.  The  State  University  shall  be  located  at  the 
City  of  Laramie,  in  the  county  of  Albany.  The  insane  asylum  shall  be 
located  at  the  town  of  Evanston,  in  the  count j'  of  Uinta.  The  peni- 
tentiary shall  be  located  at  the  City  of  Rawlins,  in  the  county  of  Car- 
bon; but  the  legislature  may  provide  by  law  that  said  penitentiary 
may  be  converted  to  other  public  uses.  The  legislature  shall  not 
locate  any  other  public  institutions  except  under  general  laws,  and  by 
vote  of  the  people. 


ARTICLE    VIII. 
Irrigation    and    Water    Rights. 

Section  1.  The  water  of  all  natural  streams,  springs,  lakes  or  other 
co'.lections  of  still  water,  within  the  boundaries  of  the  State,  are  hereby 
declared  to  be  the  property  of  the  State. 

Sec.  2.  There  shall  be  constituted  a  board  of  control,  to  be  com- 
posed of  the  State  Engineer  and  superintendents  of  the  water  divi- 
sions; which  shall,  under  such  regulations  as  may  be  prescribed  by  law, 
have  the  supervision  of  the  waters  of  the  State  and  of  their  appro- 
priation, distribution  and  diversion,  and  of  the  various  officers  con- 
nected therewith.  Its  decisions  to  be  subject  to  review  by  the  courts 
of  the   State. 


248  'I'lIK   (lOVKRNMIONT   OF   WV()MIN(i. 

Sec.  3.  I'riority  of  approprialiun  for  beiiericial  uses  shall  jfive  the 
betti^r  ii.t;lit.  No  appio{)riation  >-hall  he  denied  except  when  sueh 
denial  is  demanded  by  the  public  interests. 

Sec.  4.  The  legislature  shall  by  law  divide  the  State  into  four  (4) 
water  divisions,  and  provide  for  the  appointment  of  superintendents 
thereof. 

Sec.  5.  Tht-re  sliall  be  a  State  euKineer  who  shall  be  appointed  by 
tiie  f^overnor  of  the  State  and  confirmed  by  the  senate;  he  shall  hold 
his  office  for  the  term  of  six  (6)  years,  or  until  his  successor  shall  have 
been  appointed  and  shall  have  qualified.  He  shall  be  president  of  the 
boaid  of  control,  and  shall  have  general  supervision  of  the  waters 
of  the  State  and  of  the  officers  connected  with  its  distribution.  No 
person  shall  be  appointed  to  this  position  who  has  not  such  theoretical 
knowledge  and  such  practical  experience  and  skill  as  shall  fit  him  for 
the   position. 


ARTICLE     IX. 
Mines   .nnd    Mining. 

Section  1.  There  shall  be  established  and  maintained  the  ofHce  of 
inspector  of  mines,  the  duties  and  salary  of  which  shall  be  prescribed 
by  law.  When  said  office  shall  be  established,  the  governor  shall, 
with  the  advice  and  consent  of  tiie  senate,  appoint  thereto  a  person 
proven  in  the  manner  provided  by  law  to  be  competent  and  practical, 
whose  term  of  office  shall  be  two  years. 

Sec.  2.  The  legislature  sliall  provide  by  law  for  the  proper  develop- 
ment,  ventilation,  drainage  and  operation  of  all  mines  in  this  State. 

Sec.  3.  No  boy  under  the  age  of  fourteen  years  and  nc)  woman  or 
girl  of  any  age  shall  be  employed  or  permitted  to  be  in  or  about 
any  coal,  iron  or  other  dangerous  mines  for  the  purpose  of  employ- 
ment therein:  pi'ovided,  however,  this  provision  shall  not  affect  the 
employment  of  a  boy  or  female  of  suitable  age  in  an  office  or  in  the 
performance  of  clerical  work  at  such  mine  or  colliery. 

Sec.  4.  For  any  injury  to  person  or  pi'operty  caused  by  wilful  fail- 
ure to  comply  with  the  provisions  ■)f  this  article,  or  laws  passed  in  pur- 
suance hereof,  a  right  of  action  shall  accrue  to  the  party  injured,  for 
the  damage  sustained  thereby,  and  in  all  cases  in  this  State,  whenever 
the  death  of  a  person  shall  be  caused  by  wrongful  act,  neglect  or  de- 
fault such  as  would,  if  death  had  not  ensued,  have  entitled  the  party 
injured  to  maintain-  an  action  to  recover  damages  in  respect  thereof, 
the  person  who,  or  the  corporation  whicii  would  have  been  liable,  if 
death  had  not  ensued,  shall  be  liable  to  an  action  for  damages,  not- 
withstanding the  death  of  the  person  injured,  and  the  legislature  shall 
provide  by  law  at  its  first  session  for  the  manner  in  which  the  right 
of  action  in   respect  thereto  shall  be  enforced. 

Sec.  5.  The  legislature  may  provide  that  the  science  of  mining  and 
metallurgy  be  taught  ir  one  of  the  institutions  of  learning  under  the 
patronage  of  the  State. 

Sec.  6.  There  shall  be  a  State  geologist,  who  shall  be  appointed 
by  the  governor  of  the  State,  with  the  advice  and  consent  of  the  senate. 
He  shall  hold  his  office  for  a  term  of  six  (6)  years  or  until  his  successor 
shall    have   been    appointed    and    shall    have   qualified.     His   duties   and 


Till-:  COXSTITUTION'  OF  WYOMING.  249 

i-oinpensation  shall  be  prescribed  by  law.  No  person  shall  be  appointed 
lo  this  position  unles.-^  he  has  such  theoretical  knowledge  and  sucli 
practical  experience  and  skill  as  phall  fit  him  for  the  po.sition;  said 
State  geologist  shall  ex-ofRcio  pei-foi-ni  the  duties  of  inspector  of  mines 
until  otherwise  provided  liy  law. 

ARTICLE     X. 

Corporations. 

Section  1.  The  le.sfislature  shall  provide  for  the  organization  of  cor- 
porations by  general  law.  All  laws  relating  to  corporations  may  be 
altered,  amended  or  repealed  by  the  legislature  at  any  time  when  neces- 
sary for  the  public  good  and  general  welfare,  and  all  corporations 
doing  business  in  this  State  may  as  to  such  business  be  regulated, 
limited  or  restrained  b.v  law  not  in  conflict  with  the  constitution  of  the 
United  States. 

Sec.  2.  All  powers  and  franchises  of  corporations  are  derived  from 
the  people  and  are  granted  by  thoir  agent,  the  government,  for  the 
public  good  and  general  welfare,  and  the  right  and  duty  of  the  State  to 
control  and  regulate  them  for  these  purposes  is  hereby  declared.  The 
power,  rights  and  privileges  of  any  and  all  corporations  may  be  for- 
feited by  willful  neglect  or  abuse  thereof.  The  police  power  of  the 
State  is  supreme  over  all  corporations  as  well  as  individuals. 

Sec.  3.  All  existing  chaileVs,  franchises,  special  or  exclusive  priv- 
ileges under  which  an  actual  and  bona  fide  organization  shall  not 
have  taken  place  for  the  purpose  for  which  formed  and  which  shall 
not  have  been  maintained  in  good  taith  to  the  time  of  the  adoption  of 
this   constitution   shall   thereafter   have   no  validity. 

Sec.  4.  No  law  shall  be  enacted  limiting  the  amount  of  damages  to 
be  recovered  for  causing  the  injury  or  death  of  any  person.  Any  con- 
tract or  agreement  with  any  em;iloye  waiving  any  right  to  recover 
damage?-  for  causing  tlie  deatli  or  in.iury  of  any  employe  shall  be 
void. 

Sec.  .5.  No  c-orporatiun  organized  under  the  laws  of  Wyoming  Ter- 
ritory or  any  other  jurisdiction  than  this  State,  shall  be  permitted 
to  transact  business  in  this  State  until  it  shall  have  accepted  the  con- 
stitution of  this  State  and  filed  such  acceptance  in  accordance  with 
the  laws  thereof. 

Sec.  6.  No  corporation  shall  have  power  to  engage  in  more  than 
one  general  line  or  department  of  business,  which  line  of  business 
shall   be   distinctly   specified    in   its   charter  of   incorporation. 

Sec.  7.  All  corporations  engag'^d  in  the  transportation  of  persons, 
property,  mineral  oils,  and  mineral  products,  news  or  intelligence, 
incluriing  railroads,  telegraphs,  express  companies,  pipe  lines  and 
telephones,   are  declared    to  be  common   carriers. 

Sec.  8.  There  shall  be  no  consolidation  or  combination  of  corpora- 
tion.s  of  any  kinds  whatever  to  prevent  competition,  to  control  or  in- 
fluence productions  or  prices  thereof,  or  in  any  manner  to  interfere 
with  the  public  good  and  general  welfare. 

Sec.  9.  The  right  of  eminent  domain  shall  never  be  so  abridged 
or  construed  as  to  prevent  the  legislature  from  taking  property 
and  franchises  of  incorporated  companies  and  subjecting  them  to  pub- 
lic  us-e   the   same  as   the  property  of  individuals. 


250  TlIK   (iOVKKNiMKNT   OF   WYOMING. 

Sec.  10.  The  legislature  sliall  provide  by  suitable  leKislalion  for  the 
<)ip;aiiizali(in    of   mutual   and    co-oiierative   associations   or  corporations. 

Railroads. 

Section  1.  Any  railroad  corporation  or  association  organized  for  the 
purpose,  shall  have  the  right  to  construct  and  operate  a  railroad 
between  any  points  within  this  State  and  to  connect  at  the  State  line 
with  railroads  of  other  States.  /{Ivery  railroad  shall  have  the  right 
with  its  road  to  intersect,  connect  with  or  cross  any  other  railroad, 
and  all  railroads  shall  receive  and  transport  each  other's  passengers, 
and  tonnage  and  cars,  loaded  or  empty,  without  delay  or  discrimina- 
tion. 

Sec.  2.  Railroad  and  telegraph  lines  heretofore  constructed  or  that 
may  hereafter  be  constructed  in  this  State  are  hereby  declared 
public  highways  and  common  carriers,  and  as  such  must  be  made 
by  law  to  extend  the  same  equality  and  impartiality  to  all  who  use 
them,  excepting  employes  and  their  families  and  ministers  of  the  gos- 
pel,  whether  individuals  or  corporations. 

Sec.  3.  Every  railroad  corporation  or  association  operating  a  line 
f>f  railroad  within  thi«  State  shall  annually  make  a  report  to  the 
auditor  of  State  of  its  business  within  this  State,  in  such  form  as  the 
legislature  may  prescribe. 

Sec.  4.  Exercise  of  the  power  and  right  of  eminent  domain  shall 
never  be  so  construed  or  abridged  as  to  prevent  the  taking  by  the 
legislature  of  property  and  franchises  of  incorporated  companies  and 
subjecting  them  to  public  use  the  same  as  property  of  Individuals. 

Sec.  5.  Neither  th?  State,  nor  any  county,  township,  school  dis- 
trict or  municipality  shall  loan  or  give  its  credit  or  make  donations 
to  or  in  aid  of  any  railroad  or  telegraph  line;  provided,  that  this 
section  shall  not  apply  to  obligations  of  any  county,  city,  township  or 
school  district,   contracted  prior  to  the  adoption  of  this  constitution. 

Sec.  6.  No  railroad  or  other  Transportation  company  or  telegraph 
company  in  existence  upon  the  adoption  of  this  constitution  shall  de- 
rive the  benefit  of  any  future  legislation  without  first  filing  in  the 
office  of  the  secretary  of  state  an  acceptance  of  the  provisions  of  this 
constitution. 

Sec.  7.  Any  association,  corporation  or  lessee  of  the  franchises 
thereof  organized  for  the  purpose  shall  have  the  right  to  construct 
and  maintain  lines  of  telegraph  »vithin  this  State,  and  to  connect  the 
same   ■with   other   lines. 

Sec.  8.  No  foreign  railroad  or  telegraph  line  shall  do  any  business 
within  this  State  without  having  an  agent  or  agents  within  each 
county  through  which  such  railroad  or  telegraph  line  shall  be  con- 
structed upon  whom  process  may  be  served. 

Sec.  5.  No  railroad  company  shall  construct  or  operate  a  railroad 
within  four  (4)  miles  of  any  existing  town  or  city  without  pro- 
viding a  suitable  depot  or  stopping  place  at  the  nearest  practicable 
point  for  the  convenience  of  said  town  or  city,  and  stopping  all  trains 
doing  local  business  at  said  stopping  place.  No  railroad  company 
shall  deviate  from  the  most  direct  practicable  line  in  constructing 
a  railroad  for  the  purpose  of  avoiding  the  provisions  of  this  section. 


Til  K  COXSTlTrTIOX  OF  WYOMING.  251 

AF?TICLE  XI. 
Boundaries. 
Section  1.  Tlie  bouiulaiies  of  the  State  of  Wyoming  sliall  be  as  fol- 
lows: Commencins  at  the  iiitersec'.ion  of  the  twenty-seventh  meridian 
of  longitude  west  from  Washington  with  the  forty-fifth  degree  of  north 
latitude,  and  running  thence  west  to  the  thirty-fourth  meridian  of 
west  longitude,  thence  south  to  the  forty-first  degree  of  north  latitude, 
thence  east  to  the  twenty-seventh  meridian  of  west  longitude,  and 
thence  north   to  place  of   beginning. 

ARTICLE     XII. 
County    Organization. 

Section  1.  The  several  counties  in  tlie  Territory  of  Wyoming  as 
they  shall  exist  at  the  time  of  the  admission  of  said  Territory  as  a 
State,  are  hereby  declared  to  be  the  counties  of  the  State  of  Wyo- 
ming. 

Sec.  2.  The  legislature  shall  provide  by  general  law  for  organizing 
new  counties,  locating  the  county  seats  thereof  temporarily  and  chang- 
ing county  lines.  But  no  new  county  shall  be  formed  unless  it  shall 
contain  within  the  limits  thereof  property  of  the  valuation  of  two 
million  dollars,  as  shown  by  last  preceding  tax  returns,  and  not  then 
unless  the  remaining  portion  of  the  old  county  or  counties  shall  each 
contain  property  of  at  least  three  million  of  dollars  of  assessable  valu- 
ation; and  no  new  county  shall  be  organized  nor  shall  any  organized 
county  be  so  reduced  as  to  contain  a  population  of  less  than  one  thou- 
sand five  hundred  bon;i  fide  inhabitants,  and  in  case  any  portion  of 
an  organized  county  or  counties  is  stricken  off  to  form  a  new  county, 
the  new  couuty  shall  assume  and  be  holden  for  an  equitable  propor- 
tion of  the  indebtedness  of  the  county  or  counties  so  reduced.  No 
county  shall  be  divideil  unless  a  majority  of  the  ciualified  electors  of 
the  territory  proposed  to  be  cut  off  voting  on  the  proposition  shall 
vote  in  favor  of  the  division. 

Sec.  3.  The  legislature  shall  provide  by  general  law  for  changing 
county  seats  in  organized  counties,  but  it  shall  have  no  power  to  re- 
move  the   county   seat   of  anj-  organized    county. 

Sec.  4.  The  legislature  shall  provide  by  general  law  for  a  system 
of  township  organization  and  government,  which  may  be  adopted  by 
any  county  whenever  a  majority  of  the  citizens  thereof  voting  at  a 
general  election  shall  so  determine. 

Sec.  5.  The  legislature  shall  provide  by  law  for  the  election  of  such 
county   officers    as    may   be    necessary. 

ARTICLE  XIII. 
Municipal  Corporations. 
Section  1.  The  legislature  shall  provide  by  general  laws  for  the 
organization  and  classification  of  municipal  corporations.  The  num- 
ber of  such  classes  shall  not  exceed  four  (4),  and  the  powers  of  each 
class  shall  be  defined  by  general  laws,  so  that  no  such  corporation 
shall  have  any  powers  or  be  subject  to  any  restrictions  other  than  all 
corporations  of  the  same  class.  Cities  and  towns  now  existing 
under  special  charters  or  the  general  laws  of  the  Territory  may  aban- 
don such  charter  and  reorganize  under  the  general  laws  of  the  State. 


L'.-)L>  TJIH   (JOVKK.N'MHNT   OW   WYOMING. 

.  Sec.  2.  No  municipal  coiporaiiun  shall  be  oisanizetl  without  the  con- 
sent of  the  majority  of  the  electors  residing  within  the  district  pro- 
posed to  be  so  incorporated,  such  consent  to  be  ascertained  in  the 
manner  and   imder  such   regulations  as  may  be  prescribed  by  law. 

Sec.  3.  The  lej^islaturc  shall  restrict  the  powers  of  such  corporations 
to  levy  taxes  and  assessments,  to  borrow  money  and  contract  debts 
so  as  to  prevent  the  abuse  of  such  power,  and  no  tax  or  assessment 
shall  be  levied  or  collected  or  dents  contracted  by  municipal  corpora- 
tions except  in  pursuance  of  law  for  public  purposes  specified  by 
law. 

Sec.  4.  No  street  passenger  railway,  telegraph,  telephone  or  electric 
light  line  shall  bo  constructed  within  the  limits  of  any  municipal 
organization    without    the   consent   of   its   local    authorities. 

Sec.  5.  Municipal  corporations  shall  have  the  same  right  as  indi- 
viduals to  acquii'e  rights  by  prior  appropriation  and  otherwise  to  the 
use  of  water  for  domestic  and  mu.iicipal  purposes,  and  the  legislature 
shall  provide  by  law  for  the  exercise  upon  the  part  of  incorporated 
cities,  towns  and  villages  of  the  right  of  eminent  domain  for  the 
purpose  of  acquiring  from  prior  appropriators  upon  the  payment  of 
just  compensation,  such  water  as  may  be  necessary  for  tlie  well-being 
thereof  and  for  domestic  uses. 


ARTICLE     XIV. 
Salaries. 

Section  1.  All  State,  city,  county,  town  and  scliool  officers,  (ex- 
cepting justices  of  the  peace  and  constables  in  precincts  having  less 
than  fifteen  hundred  population,  and  excepting  court  commissioners, 
boards  of  arbitration  and  notaries  public)  shall  be  paid  fixed  and 
definite  salaries.  The  legislature  shall,  from  time  to  time,  fix  the 
amount  of  sucli  salaries  as  are  not  already  fixed  by  this  constitution, 
which  sliall  in  all  cases,  be  in  proportion  to  the  value  of  the  services 
rendered    and    the    duty    performed. 

Sec.  2.  The  legislature  shall  provide  by  law  the  fees  which  may  be 
demanded  by  justices  of  the  peace  and  constables  in  precincts  having 
less  than  fifteen  hundred  population,  and  of  court  commissioners, 
boards  of  arbitration  and  notaries  public,  which  fees  the  said  officers 
sliall  accept  as  their  full  compensation.  But  all  other  State,  county, 
city,  town  and  scliool  officers  shall  be  required  by  law  to  keep  a  true 
and  correct  account  of  all  fees  collected  by  them,  and  to  pay  the  same 
into  tlie  proper  treasury  when  collected,  and  the  officer  whose  duty  it 
is  to  collect  sucli  fees  shall  be  held  responsible,  under  his  bond,  for 
neglect  to  collect  the  same;  provided,  that  in  addition  to  the  salary 
of  sheriff  they  shall  be  entitled  lo  receive  from  the  party  for  whom 
the  services  are  rendered  in  civil  cases  sucli  fees  as  may  be  pre- 
scribed  by  law. 

Sec.  3.  The  salaries  of  county  officers  shall  be  fixed  by  law  witliin 
the  following  limits,  to  wit:  In  counties  having  an  assessed  valua- 
tion not  exceeding  two  millions  (2,000,000)  of  dollars,  the  sheriff 
shall  be  paid  not  more  tlian  fifteen  hundred  dollars  per  year.  The 
county  clerk  shall  not  be  paid  more  than  twelve  hundred  ($1,200) 
dollars   per   year.     The   county   and   prosecuting   attorney    shall   not   be 


TlIK  (OXSTITITTJOX  OF  \VV()M[\(i.  2oS 

paid  more  than  twelve  hundred  (.$1,2()0)  dollars  per  year.  The  county 
treasurer  shall  not  be  paid  more  than  one  thousand  ($1,000)  dollars 
per  year.  The  county  assessor  shall  not  be  paid  more  than  one  thou- 
sand ($1,000)  dollars  per  year.  The  county  superintendent  of  schools 
shall  not  be  paid  more  than  five  hundred    ($.500)  dollars  per  year. 

In  counties  having  an  assessed  valuation  of  more  than  two  millions 
($2,000,000)  of  dollars  and  not  exceeding  five  millions  ($.'>, 000, 000)  of 
dollars,  the  sheriff  shall  not  be  paid  more  than  two  thousand  ($2,000) 
dollars  per  year.  The  county  clerk  shall  not  be  paid  more  than 
eighteen  hundred  ($1,800)  dollars  per  year.  The  county  treasurer  shall 
not  be  paid  more  than  eighteen  hundred  ($1,800)  dollars  per  year. 
The  coimty  assessor  shall  not  be  paid  more  than  twelve  hundred 
($1,200)  dollars  per  year.  The  county  and  pro.'^ecuting  attorney  sliall 
not  be  paid  more  than  fifteen  hundred  ($1,.500)  dollars  per  year.  The 
county  superintendent  of  schools  shall  not  be  paid  more  than  seven 
hundred  and  fifty  ($7.'50)   dollars  ner  year. 

In  counties  having  more  than  five  millions  ($5,000,000)  dollars  as- 
sessed valuation,  the  sheriff  shall  not  be  paid  more  than  two  thou- 
sand ($2,000)  dollars  per  year.  The  county  clerk  shall  not  be  paid 
more  than  two  thousand  ($2,000)  dollars  per  year.  The  rounty  treas- 
urer shall  not  be  paid  more  than  two  thousand  ($2,000)  dollars  per 
year.  The  county  assessor  shall  not  be  paid  more  than  fifteen  hundred 
($1,500)  dollars  per  year.  The  county  and  prosecuting  attorney  shall 
not  be  paid  more  than  twenty-five  hundred  ($2,500)  dollars  per  year. 
The  county  superintendent  of  schools  shall  not  be  paid  moie  than  one 
thousand  ($1,000)  dollars  per  year.  The  county  surveyor  in  each 
county  shall  receive  not  to  exceed  eight  ($8.00)  dollars  per  day,  for 
each  day  actually  engaged  in  the  performance  of  the  duties  of  his  office.- 

Sec.  4.  The  legislature  shall  provide  by  general  law  for  such  deputies 
as  the  public  necessities  may  require,  and  shall  fix  their  compensa- 
tion. 

Sec.  5.  Any  county  officers  performing  the  duties  usually  per- 
formed by  the  officers  named  in  -his  article  shall  be  considered  as  re- 
ferred to  by  section  .3  of  this  article,  regai-dless  of  the  title  by  which 
their  offices  may   hereafter  be  designated. 

Sec.  6.  Whenever  practicable  the  legislature  may,  and  whenever  the 
same  can  be  done  without  detriment  to  the  public  service,  shall  con- 
solidate offices  in  State,  county  and  municipalities  respectively,  and 
whenever  so  consolidated,  the  duties  of  such  additional  office  .shall  be 
performed   under  an  ex-officio  title. 

ARTICLE    XV. 
Taxation  and  Revenue. 

Section  1.  All  lands  and  improvements  thereon  shall  be  listed  for 
assessment,   valued  for  taxation  and   assessed   separately. 

Sec.  2.  All  coal  lands  in  the  State  from  which  coal  is  not  being- 
mined  shall  be  listed  foi"  assessment,  valued  for  taxation  and  assessed 
according  to  value. 

Sec.  3.  All  mines  and  mining  claims  from  which  gold,  silver  and 
other  precious  metals,  soda,  saline,  coal,  mineral  oil  or  other  valuable 
deposits,  is  or  may  be  produced  shall  be  taxed  in  addition  to  the  sur- 
face improvements,  and  in  lieu  of  taxes  on  the  lands,  on  the  gross 
product  thereof,  as  may  be  prescribed  by  law;  pi-ovided,  that  tlie 
product  of  all  mines  shall  be  taxed  in  proportion  to  the  value  thereof. 


2-A  TIIK   (JOVERNMKNT   OK    WYOMTNCJ. 

Sec.  4.  For  Stale  revenue,  there  sliall  be  levied  annually  a  tax  not 
to  exceed  four  mills  on  the  dollar  of  the  assessed  valuation  of  the 
property  in  the  State  except  for  the  support  of  State  educational  and 
charitable  institutions,  the  payment  of  the  State  debt  and  the  interest 
thereon. 

Sec.  5.  For  county  revenue  tliere  shall  be  levied  annually  a  tax  not 
to  exceed  twelve  mills  on  the  dollar  for  all  purposes,  including  general 
school  tax,  exclusive  of  State  revenue,  except  for  the  payment  of  its 
public  debt  and  the  interest  thereon.  An  additional  tax  of  two  dollars 
for  each  person  between  the  ages  of  twenty-one  years  and  fifty  years, 
inclusive,   shall   be  anni'ally  levied   for  county  school  purposes. 

Sec.  6.  No  incorporated  city  or  town  shall  levy  a  tax  to  exceed  eight 
mills  on  the  dollar  in  any  one  year,  except  for  the  payment  of  its 
public  debt  and  the  interest  thereon. 

Sec.  7.  All  money  belonging  to  the  State,  or  to  any  county,  city, 
town,  village,  or  other  sub-division  therein,  except  as  herein  other- 
wise provided,  shall  whenever  practicable,  be  deposited  in  a  national 
bank  or  banks,  or  in  a  bank  or  banks  incorporated  under  the  laws 
of  this  State;  provided  that  the  "oank  or  banks  in  which  such  money 
is  deposited  shall  furnish  security  to  be  approved  as  provided  by 
law;  and  shall  also  pay  a  reasonable  rate  of  interest  thereon.  Such 
Interest  shall  accrue  to  the  fund  from  which  it  is  derived. 

Sec.  8.  The  making  of  profit,  directly  or  indirectly,  out  of  State, 
county,  city,  town  or  school  district  money  or  other  public  fund,  or 
using  the  same  for  any  purpose  not  authorized  by  law,  by  any  public 
officer,  shall  be  deemed  a  felony,  and  shall  be  punished  as  provided  by 
law. 

Sec.  9.  There  shall  be  a  state  board,  composed  of  the  State  auditor, 
treasurer  and  secretary  of  state. 

Sec.  10.  The  duties  of  the  state  board  shall  be  as  follows:  To  fix  a 
valuation  each  year  for  the  assessment  of  live  stock  and  to  notify  the 
several  county  boards  of  equalization  of  the  rate  so  fixed  at  least  ten 
(10)  days  before  the  day  fixed  for  beginning  assessments;  to  assess 
at  their  actual  value  the  franchises,  roadway,  roadbed,  rails  and  roll- 
ing stock  and  all  other  property,  used  in  the  operation  of  all  railroads 
and  other  common  carriers,  except  machine  shops,  rolling  mills  and 
hotels  in  this  State;  such  assessed  valuation  shall  be  apportioned  to 
the  counties  in  which  said  roads  jmd  common  carriers  are  located,  as 
a  basis  for  taxation  of  such  pioperty;  provided,  that  the  assessment 
so  made  shall  not  apply  to  incorporated  towns  and  cities.  Said  board 
shall  also  have  power  to  equalize  ahe  valuation  on  all  property  in  the 
several  counties  for  the  State  revenue  and  such  other  duties  as  may  be 
prescribed    by  law. 

Sec.  11.  All  property,  except  as  in  this  constitution  otherwise  pro- 
vided, shall  be  uniformly  assessed  for  taxation,  and  the  legislature 
shall  prescribe  such  regulations  as  shall  secure  a  just  valuation  for 
taxation  of  all  property,   real  and  personal. 

Sec.  12.  The  property  of  the  United  States,  the  State,  counties, 
cities,  towns,  school  districts,  municipal  corporations  and  public  lib- 
raries, lots  with  the  buildings  thereon  used  exclusively  for  religious 
worship,  church  parsonages,  public  cemeteries,  shall  be  exempt  from 
taxation,  and  such  other  property  as  the  legislature  may  by  general  law 
provide. 


THK  C()N8TlTUTI0x\  OF  WYOMING.  255 

Sec.  13.  No  tax  shal)  be  levied,  except  in  pursuance  of  law,  and 
every  law  imposing  a  tax  shall  stale  distinctly  the  object  Oi  the  same. 
to  which  only  it  shall  be  applied. 

Sec.  14.  The  power  of  taxation  shall  never  be  .surrendered  or  sus- 
pended by  any  grant  or  contract  to  which  the  Slate  or  any  county  or 
other  municipal  corporation  shall  be  a  party. 

ARTICLE    XVI. 
Public   Indebtedness. 

Section  1.  The  Slata  of  Wyoming  shall  not,  in  any  manner,  create 
any  indebtedness  exceeding  one  per  centum  on  the  assessed  value  of 
the  taxable  property  in  the  State,  as  shown  by  the  last  general 
assessment  for  taxation,  preceding;  except  to  suppress  insurrection  or 
tp  provide  for  the  public  defense. 

Sec.  2.  No  debt  in  excess  of  the  taxes  for  the  current  year,  shall  in 
any  manner  be  created  in  the  State  of  Wyoming,  unless  the  proposi- 
tion to  create  such  debt  shall  have  been  submitted  to  a  vote  of  the 
people  and  by  them  approved;  except  to  suppress  insurrection  or  to  pi-o- 
vide  for  the  public  defense. 

Sec.  3.  No  county  in  the  State  of  Wyoming  shall  in  any  manner 
create  any  indebtedness,  exceeding  two  per  centum  on  the  assessed 
value  of  taxable  property  in  such  county,  as  shown  by  the  last  general 
•assessment,  preceding;  provided,  liowever,  that  any  county,  city,  town, 
village  or  other  sub-division  thereof  in  the  State  of  Wyoming,  may 
bond  its  public  debt  existing  at  the  time  of  the  adoption  of  this  con- 
stitution, in  any  sum  not  exceeding  four  per  centum  on  the  assessed 
value  of  the  taxable  property  in  such  county,  city,  town,  village  or 
other  sub-division,  as  shown  by  the  last  general  assessment  for  taxa- 
tion. 

Sec.  4.  No  debt  in  excess  of  the  taxes  for  tlie  curi-ent  yeai-  shnll. 
in  any  manner,  be  created  by  any  county  or  sub-division  thereof,  or 
any  city,  town  or  village,  or  any  sub-division  thereof  in  the  State 
of  Wyoming,  unless  the  proposition  to  create  such  debt  shall  have 
been  submitted  to  a  vote  of  the  people  thereof  and  by  them  approved. 

Sec.  5.  No  city,  town  or  village,  or  any  sub-division  thereof,  or  any 
sub-division  of  any  county  of  the  State  of  Wyoming,  shall,  in  any 
manner,  create  any  indebtedness  exceeding  two  per  centum  on  the 
assessed  value  of  the  taxable  property  therein;  provided,  however, 
that  any  city,  town  or  village  may  be  authorized  to  create  an  addi- 
tional indebtedness,  not  exceeding  four  per  centum  on  the  assessed 
value  of  the  taxable  property  therein  as  shown  by  the  last  preceding 
general  assessment,  for  the  purpose  of  building  sewerage  therein. 
Debts  contracted  for  supplying  water  to  such  city  or  town  are  ex- 
cepted from  the  operation  of  this  section. 

Sec.  6.  Neither  the  State  nor  any  county,  city,  townsliip,  town, 
school  district,  or  any  other  political  sub-division,  shall  loan  or  give 
its  credit  or  make  donations  to  or  in  aid  of  any  individual,  association 
or  corporation,  except  for  necessa.^y  support  of  the  poor,  nor  subscribe 
to  or  become  the  owner  of  the  capital  stock  of  any  association  or  cor- 
poration. The  State  shall  not  engage  in  any  work  of  internal  im- 
provement unless  authorized  by  a  two-thirds  vote  of  the  people. 

Sec.  7.  No  money  shall  be  paid  out  of  the  State  treasury  except 
upon  appropriation  by  law  and  on  warrant  drawn  by  the  proper  ofR- 


L>0(>  THIO   (H)VlORXMKiNT   ()F    WYOMING. 

cer.  ami  no  l^ills,  claims,  actouiUs  ur  deiiiaiids  against  the  State,  or 
any  icjunty  or  political  sub-division,  shall  be  audited,  allowed  or 
paid  until  a  full  itemized  slateni'.'nt  in  writing,  verified  by  affidavit, 
sliall  be  Hied  witli  the  officer  or  officers  whose  duty  it  may  be  to  audit 
the  same. 

Sec.  8.  No  bond  or  evidence  of  indebtedness  of  the  State  shall  be 
valid  unless  the  same  shall  have  endorsed  thereon  a  certificate  signed 
by  the  auditor  and  secretary  of  'tate  tliat  the  bond  or  evidence  of 
debt  is  issued  pursuant  to  law  and  is  within  the  debt  limit.  No  bond 
or  evidence  of  debt  of  any  county,  or  bond  of  any  township,  or  other 
political  sub-division,  sliall  be  valid  unless  the  same  shall  have 
endorsed  thereon  a  certificate  sig  led  by  the  county  auditor  or  other 
officer  authorized  by  law  to  sign  such  certificate,  stating  that  said 
bond  or  evidence  of  debt  is  issued  pursuant  to  law  and  is  within  the 
debt    limit. 

ARTICLE    XVII. 
State   Militia. 

Section  1.  The  militia  of  the  State  shall  consist  of  all  able-bodied 
male  citizens  of  the  State,  between  the  ages  of  eighteen  and  forty- 
five  years;  e.xcept  such  as  are  exempted  by  the  law  of  the  United 
States  or  the  State.  But  all  such  citizens  having  scruples  of  conscience 
reverse  to  bearing  armn  shall  be  excused  therefrom  upon  such  con- 
ditions as  shall  be  prescribed  by  law. 

Sec.  2.  The  legislature  shall  provide  by  law  for  the  enrollment, 
equipment  and  discipline  of  the  militia  to  conform  as  nearly  as  prac- 
ticable to  the  regulations  for  the  government  of  the  armies  of  the 
I'nited  States. 

Sec.  3.  All  militia  officers  shall  be  cominissioned  by  the  governor, 
the  manner  of  their  selection  to  l;e  provided  by  law,  and  may  hold 
their  commissions  for  such  period  of  time  as  the  legislature  may  pro- 
vide. 

Sec.  4.  No  military  organization  luider  the  laws  of  the  state  shall 
carry  any  banner  or  flag  representing  any  sect  or  society  or  the 
flag  of  any  natioanlity  but  that  of  the  United   States. 

Sec.  5.  The  governor  sliall  be  commander-in-chief  of  all  the  mili- 
tary forces  of  the  state,  and  shall  have  power  to  call  out  the  militia 
to  -preserve  tlie  public  peace,  to  execute  the  laws  of  the  state,  to  sup- 
jiress  insurrection  or  repel  invasion. 

ARTICLE  XVIII. 
Public  Lands  and  Donations. 
Section  1.  The  state  of  Wyoming  hereby  agrees  to  accept  the  grants 
of  lands  heretofore  made,  or  that  may  be  hereafter  made  by  the 
United  States  to  the  state,  for  educational  purposes,  for  public  build- 
ings and  institutions  and  for  other  objects,  and  donations  of  money 
with  the  conditions  and  limitations  tliat  may  be  imposed  by  the  act 
or  acts  of  congress,  making  such  grants  or  donations.  Such  lands 
shall  be  disposed  of  onlj'  at  public  auction  to  tiie  liighest  responsible 
l)idder,  after  having  been  duly  appraised  by  the  land  commissioners, 
at  not  less  than  three-fourths  of  the  appraised  value  thereof,  and  for 
not   less  than   $10  per  acre;  provided,   that   in  case  of  actual  and  bona 


TITE  ("ONSTITUTIOX  OF  WVOMlNtJ.  257 

fide  settlenieiit  and  iinr.ro\emenl  tlieieon  al  llie  time  of  the  adoption 
of  this  constitution,  such  artual  seitler  shall  have  the  preference  right 
to  purchase  the  land  whereon  he  may  have  settled,  not  exceediuR 
160  acres  at  a  sum  not  less  than  the  appiaii--od  value  thereof,  and  in 
makinK  such  appraisement  the  value  of  improvements  shall  not  be 
taken  into  cons^ideration.  If,  at  any  time  hereafter,  the  I'nited  States 
shall  grant  any  arid  lands  in  the  state  to  the  state,  on  the  condition 
that  the  state  reclaim  and  dispose  of  them  to  actual  settlers,  the 
legislature  shall  he  authorized  to  accept  such  arid  lands  on  such  con- 
ditions, or  other  conditions,  if  the  same  are  practicable  and  reason- 
:iV)ie. 

Sec.  2.  The  proceeds  from  the  sale  and  rental  of  all  lands  and  other 
properly  donated,  granted  or  received,  or  that  may  hereafter  be 
donated,  granted  or  received,  from  the  United  States  or  any  other 
source,  shall  be  inviolphly  appropriated  and  applied  to  the  specific 
purposes  specified   in  tlie  original  grant  or  gifts. 

Sec.  3.  The  governor,  s.uperintendent  of  public  instiuction  and  secre- 
tary of  state,  shall  constitute  a  board  of  land  commissioners  who. 
under  such  regulations  as  may  be  provided  by  law,  shall  have  the 
direction,  control,  disposition  and  care  of  all  lands  that  have  been 
lieietofore  or  may  hereafter  be  granted  to  the  state. 

Sec.  4.  The  legislature  shall  enact  the  necessary  laws  for  the  sale, 
disposal,  leasing  or  care  of  all  lands  that  have  been  or  may  hereafter 
he  granted  to  the  state,  and  shall,  at  the  earliest  practicable  period, 
provide  by  law  for  the  location  and  selection  of  all  lands  that  have 
been  or  may  hereafter  be  granted  by  congress  to  the  state,  and  shall 
))ass  laws  for  the  suitable  keeping,  transfer  and  disbursement  of  the 
land  grant  funds,  and  shall  recjuire  of  all  officers  charged  with  the 
same  or  the  safe  keeping  thereof  to  give  ample  bonds  for  all  money.< 
and   funds    received    by   them. 

Sec.  5.  E-Kcept  a  preference  right  to  buy  as  in  this  constit\ition 
otherwise  provided,  no  law  shall  ever  be  passed  by  the  legislature 
trranting  any  privileges  to  persons  who  may  have  settled  upon,  any 
of  the  schools  lands  granted  to  the  state  subsequent  to  the  survey 
lliereof  by  the  general  government,  by  which  the  amount  to  be  de-- 
rived  by  the  sale,  or  other  disposition  of  such  lands,  shall  be  dimin- 
is  led    directly  or   indirectly. 

Sec.  6.  If  any  portion  of  the  interest  or  income  of  the  perpetual 
School  fund  be  not  expended  during  any  year,  said  portion  slial!  be 
added  to  and  become  a  part  of  the  said  school  fund. 

ARTICLE    XIX. 

Miscellaneous. 

Live    Stock. 

Section  1.  The  legislature  shall  pass  all  necessary  laws  to  provide 
fo"  the  protection  of  live  stock  against  the  introduction  or  spi-ead  of 
plcuro-pneumonia.  glanders,  splenetic,  or  Texas  fever,  and  other  in- 
fectious or  contagious  diseases.  The  legislature  shall  also  establish 
a  system  of  quarantine,  or  inspection,  and  such  other  regulations 
;is  may  be  necessary  for  the  protection  of  stock  owners,  and  most 
'onducive   to   the  stock   interests  within   the   state. 


258  'i'lIH  OOXKHNMKXT   OF    WVOMINU. 

Concerning    Labor. 

Section  1.  Eight  (8)  lioius  at'tual  work  .shall  constitute  a  lawful 
(lay's  work  in   all   mines,   a)i(l   on  all  .stale  and   niuni<-ip!il   woi'ks. 

Labor   on    Public    Works. 

Section  1.  No  por.son  not  a  citizen  of  the  United  States  or  who  has 
n:->t  declared  lii.s  intentions  to  heconie  such,  shall  be  employed  upon 
or  in  connection  with  any  state,  county  or  nuuiicipal  works  or  em- 
ployment. 

Sec.  2.  The  legislature  shall,  by  appropriate  lesislation,  see  that 
the  provisions  of  the  foregoing  section  are  enforced. 

Boards    of     Arbitration. 

Section  1.  The  legislature  shall  establish  courts  of  arbitration, 
whose  duty  it  shall  be  to  hear,  and  determine  all  differences,  and 
controversies  between  organizations  or  associations  of  laborers,  and 
their  employers,  which  shall  be  submitted  to  them  in  such  manner 
as   the  legislature  may  provide. 

Police    Powers. 

Section  1.  No  armed  police  force,  or  detective  agency,  or  armed 
body,  or  unarmed  body  of  men,  shall  ever  be  brought  into  this  state, 
for  the  suppression  of  domestic  violence,  except  upon  the  applica- 
tion of  the  legislature,  or  executive,  when  the  legislature  cannot  be 
convened. 

Labor   Contracts. 

Section  1.  It  shall  be  unlawful  for  any  person,  company  or  cor- 
poration, to  require  of  its  servants  or  employees  as  a  condition  of  their 
employment,  or  otherwise,  any  contract  or  agreement,  whereby  such 
person,  company  or  corporation  shall  be  released  or  discharged  from 
liability  or  responsibility,  on  account  of  personal  injuries  received 
by  such  servants  or  employees,  while  in  the  service  of  such  person, 
company  or  corporation,  by  reason  of  the  negligence  of  such  person, 
company  or  corporation,  or  the  agents  or  employees  thereof,  and 
such  conti-acts  shall  be  absolutely  null  and  void. 

Arbitration. 

Section  1.  The  Legislature  may  provide  by  law  for  the  voluntary 
submission  of  differences  to  arbitrators  for  determination,  and  said 
arbitrators  shall  have  such  powers  and  duties  as  may  be  prescribed 
by  law,  but  they  shall  have  no  power  to  render  judgment  to  be 
obligatory  on  parties,  unless  they  voluntarily  submit  their  matters 
of  difference  and  agi'ee  to  abide  by  the  judgment  of  such  arbitrators. 

Homesteads. 

Section  1.  A  homestead  as  provided  by  law  shall  be  exempt  from 
forced  sale  under  any  process  of  law,  and  shall  not  be  alienated  with- 
out the  joint  consent  of  husband  and  wife,  when  that  relation  exists; 
but  no  property  shall  be  exempt  from  sale  for  taxes,  or  for  the  pay- 
tnent  of  obligations  contracted  for  the  purchase  of  said  premises,  or 
for  the  erection  of  improvements  thereon. 


'niio  co.xsTiTK'riox  of  wvckmino.  2-M) 

ARTICLE     XX. 
Amendments. 

Section  1.  Aiij-  ;iinernlment  or  iiniendnients  to  this  i;onstitutioi) 
nmy  lie  prupo.scil  in  either  branch  of  the  Lesislature,  and,  if  the 
same  shall  be  agreed  to  by  two-thirds  of  all  the  members  of  each 
of  the  two  houses,  voting  separately,  such  proposed  amendment  or 
amendments  sliall,  with  the  yeas  and  naj-s  thereon,  be  entered  on 
their  journals,  and  it  shall  be  the  duty  of  the  IjCgislature  to  submit 
such  amendment  or  amendments  to  the  electors  of  the  State  at  the 
ne.xt  general  election,  and  cause  the  same  to  be  published  without 
delay  for  at  least  twelve  (12)  consecutive  weeks,  prior  to  said  elec- 
tion, in  at  least  one  newspaper  of  general  circulation,  published  in 
each  county,  and  if  a  majority  of  the  electors  shall  ratify  the  same, 
such  amendment  or  nnieiidinents  shall  become  a  part  of  this  Con- 
stitution. 

Sec.  2.  If  two  or  more  amendments  are  proposed,  they  shall  be 
submitted  in  such  manner  that  the  electors  shall  vote  for  or  against 
each  of  them   separately. 

Sec.  3.  Whenever  two-thirds  of  the  members  elected  to  each 
branch  of  the  Legislature  shall  deem  it  necessary  to  call  a  conven- 
tion to  revise  or  amend  this  Constitution,  they  shall  recommend  to 
the  electors  to  vote  at  the  next  general  election  for  or  against  a  con- 
vention, and  if  a  majority  of  all  the  electors  voting  at  such  election 
shall  have  voted  for  a  convention,  the  I..egislature  shall  at  the  next 
session  provided  by  law  for  calling  the  same;  and  such  convention 
shall  consist  of  a  number  of  members,  not  less  than  double  that 
of  the  most  numerous  branch  of  the  Legislature. 

Sec.  4.  Any  Constitution  adopted  by  such  convention  shall  have  no 
validity    until   it    has   been   submitted   to  and   adopted   by    the   people. 

ARTICLE    XXI. 
SchedLile. 

Section  1.  That  no  inconvenience  may  arise  from  a  change  of 
tlie  Territorial  government  to  a  permanent  State  government,  it  is 
declared  that  all  writs,  actions,  prosecutions,  claims,  liabilities  and 
obligations  against  the  Teri-itory  of  Wyoming,  of  whatever  nature, 
and  rights  of  individuals,  and  of  bodies  corporate,  shall  continue  as 
if  no  change  had  taken  jilace  in  this  government,  and  all  process 
which  may,  before  the  organization  of  the  judicial  department  under 
this  Constitution,  be  issued  under  the  authority  of  the  Territoi-y  of 
Wyoming  sliall  be  as  valid  as  if  issued  in  the  name  of  the  State. 

Sec.  2.  All  property,  real  and  personal,  and  all  moneys,  credits, 
claims  and  choses  in  action,  belonging  to  the  Territoi-y  of  Wyoming, 
at  the  time  of  the  adoption  of  this  Constitution,  shall  be  vested  in 
and   become  the  property  of  the   State  of  Wyoming. 

Sec.  3.  All  laws  now  in  force  in  the  Territory  of  W^yoming,  which 
are  not  repugnant  to  this  Constitution,  shall  remain  in  force  until 
they  expire  by  their  own  limitation,  or  be  altered  or  repealed  by  the 
I>egislature. 


L'HO  'I'll!';   COVKIINM  KNT   OF   WV()MJN(i. 

Sec.  4.  All  fines,  penalties,  t'orleitures  and  esclieals,  accruing  to 
tiie   Toiritory  of   Wyoniins-,    shall   accrue    to   the    use  of   the   State. 

Sec.  5.  All  recognizances,  bonds,  obligations  or  other  undertakings 
heretofore  taken,  or  which  may  be  taken  before  the  organization 
of  the  judicial  department  under  this  Constitution  shall  remain 
valid,  and  shall  pass  over  to  and  may  be  prosecuted  in  the  name  "f 
the  State,  and  all  bonds,  obligations  or  other  undertakings  executed 
to  this  Territory,  or  to  any  offlcer  in  his  official  capacity,  shall  pass 
over  to  the  proper  State  authority  and  to  their  successors  in  office, 
for  the  uses  therein  respectively  expressed,  and  may  V)e  sued  for  and 
recovered  accordingly.  All  criminal  prosecutions  and  penal  actions 
which  have  arisen  or  which  may  arise  before  the  organization  of 
the  judicial  department  under  this  Constitution,  and  which  shall  then 
♦■  be  pending,  may  be  prosecuted  to  judgment  and  execution  in  the  name 
of  the  State. 

Sec.  6.  All  officers,  civil  and  military,  holding  their  offices  and 
appointments  in  this  Territory,  under  the  authority  of  the  United 
States  or  under  the  authority  of  this  Territory,  shall  continue  to 
hold  and  exercise  their  respective  offices  and  appointments  until 
.suspended   under  this   Constitution. 

Sec.  7.  This  Constitution  shall  ])e  submitted  for  adoption  or  i-e- 
jection  to  a  vote  of  the  qualified  electors  of  this  Territory,  at  an 
election,  to  be  held  on  the  first  Tuesday  in  November,  A.  D.  1889. 
Said  election,  as  nearly  as  may  be,  shall  be  conducted  in  all  re- 
spects in  the  same  manner  as  provided  by  the  laws  of  the  Territory 
for  general  elections,  and  the  returns  thereof  shall  be  made  to  the 
Secretary  of  said  Territory,  who  with  tlie  Governor  and  Chief  Jus- 
tice thereof,  or  any  two  of  them,  shall  canvass  the  same,  and  if  a 
majority  of  the  legal  votes  cast  shall  be  for  the  Constitution  the 
Governor  shall  certify  the  result  to  the  President  of  the  United 
States,  together  with  a  statement  of  the  votes  cast  thereon  and  a 
lopy  of  said  Constitution,  articles,  propositions  and  ordinances.  At 
the  said  election  the  ballots  shall  be  in  the  following  form:  "For 
the  Constitution — Yes.  No."  And  as  a  heading  to  eacli  of  said 
ballots,  shall  be  printed  on  each  ballot  the  following  instructions  to 
voters:  "All  persons  who  desire  to  vote  for  the  Constitution  may 
erase  the  word  'No.'  All  persons  who  desire  to  vote  against  the 
Constitution  may  erase  the  word  'Yes.'  "  Any  person  may  have 
printed  or  written  on  his  ballot  only  the  words:  "For  the  Con- 
stitution," or  "Against  the  Constitution,"  and  such  ballots  shall  be 
counted  for  or  against  the  Constitution  accordingly. 

Sec.  S.  This  Constitution  shall  take  effect  and  be  in  full  force 
immediately   upon   the  admission  of   the   Territory   as   a   State. 

Sec.  9.  Immediately  upon  the  admission  of  the  Territory  as  a 
state,  the  Governor  of  the  Territory,  or  in  case  of  his  absence  or 
failure  to  act,  the  Secretary  of  the  Territory,  or  in  case  of  his  ab- 
sence or  failure  to  act,  the  president  of  this  convention,  shall  issue 
a  proclamation,  which  shall  be  published  and  a  copy  thereof  mailed 
to  the  chairman  of  the  Board  of  County  Commissioners  of  each 
county,  calling  an  election  by  the  people  for  all  State,  district  and 
other  officers,  created  and  made  elective  by  tliis  Constitution,  and 
fixing  a  day  for  such  election,  which  shall  not  be  less  than  forty 
days  after  the  date  of  such  proclamation  nor  more  than  ninety  days 
after  the  admission  of  the  Territory  as  a  State. 


THE  CONSTITUTION  OI<^  WYOMING.  261 

Sec.  10.  The  board  of  commissioners  of  the  several  counties  shall 
thereupon  order  such  election  for  said  day,  and  shall  cause  notice 
thereof  to  be  given,  in  the  manner  and  for  the  length  of  time  pro- 
vided by  the  laws  of  the  Territory  in  cases  of  general  elections  for 
delegate  to  Congress,  and  county  and  other  officers.  Every  qualified 
elector  of  the  Territory  at  the  date  of  said  election  shall  be  entitled 
to  vote  thereat.  Said  election  shall  be  conducted  in  all  respects  in 
the  same  manner  as  provided  by  the  laws  of  the  Territory  for  gen- 
eral election,  and  the  returns  thereof  shall  be  made  to  the  can- 
vassing  board    hereinafter   provided   for. 

Sec.  11.  The  Governor,  Secretary  of  the  Territory  and  president 
of  this  convention,  or  a  majority  of  them,  shall  constitute  a  board 
of  canvassers  to  canvass  the  vote  of  such  election  for  member  of 
Congress,  all  State  and  district  officers  and  members  of  the  Legisla- 
ture. The  said  board  shall  assemble  at  the  seat  of  government  of 
the  Territory  on  the  thirtieth  day  after  the  day  of  such  election 
(or  on  the  following  day  if  such  day  fall  on  Sunday)  and  proceed 
to  canvass  the  votes  for  all  State  and  district  officers  and  mem- 
bers of  the  Legislature,  in  the  manner  provided  by  the  laws  of  the 
Territory  for  canvassing  the  vote  for  delegate  to  Congress,  and 
they  shall  issue  certificates  of  election  to  the  persons  found  to  be 
elected  to  said  offices,  severally,  and  shall  make  and  file  with  the 
Secretary  of  the  Territory  an  abstract  certified  by  them  of  the  num- 
ber of  votes  cast  for  each  person,  for  each  of  said  offices,  and  of 
the  total  number  of  votes  cast  in  each  county. 

Sec.  12.  All  officers  elected  at  such  election,  except  members  of 
the  Legislature  shall,  within  thirty  days  after  they  have  been  de- 
clared elected,  take  the  oath  required  by  this  Constitution,  and  give 
the  same  bond  required  by  the  law  of  the  Territory  or  district,  and 
shall  thereupon  enter  upon  the  duties  of  their  respective  offices;  but 
the  Legislature  may  require  by  law  all  such  officers  to  give  other 
or  further  bonds  as   a  condition  of  their  continuance   in  office. 

Sec.  13.  The  Governor-elect  of  the  State,  immediately  upon  his 
qualifying  and  entering  upon  the  duties  of  his  office,  shall  issue 
his  proclamation  convening  the  Legislature  of  the  State  at  the  seat 
of  government,  on  a  day  to  be  named  in  said  proclamation,  and  which 
shall  not  be  less  than  thirty  nor  more  than  sixty  days  after  the  date 
of  such  proclamation.  Within  ten  days  after  the  organization  of  the 
Legislature,  both  houses  of  the  Legislature,  in  joint  session,  shall 
then  and  there  proceed  to  elect,  as  provided  by  law,  two  Senators 
of  the  United  States  for  the  State  of  Wyoming.  At  said  election  the 
two  persons  who  shall  receive  the  majority  of  all  the  votes  cast  by 
said  Senators  and  Representatives  shall  be  elected  as  such  United 
States  Senators,  and  shall  be  so  declared  by  the  presiding  officers 
of  said  joint  session.  The  presiding  officers  of  the  Senate  and  House 
shall  issue  a  certificate  to  each  of  said  Senators  certifying  his 
election,  which  certificates  shall  also  be  signed  by  the  Governor  and 
attested  by  the  Secretary  of  State. 

Sec.  14.  The  Legislature  shall  pass  all  necessary  laws  to  carry  into 
effect  the  provisions  of  this  Constitution. 

Sec.  15.  Whenever  any  two  of  the  judges  of  the  Supreme  Court 
of  the  State,  elected  under  the  provisions  of  this  Constitution,  shall 
have  qualified  in  their  offices,  the  causes  then  pending  in  the  Su- 
preme  Court  of  the  Territor5-,   and  the  papers,   records  and  proceed- 


262  THE   GOVERNMENT   OF  WYOMING. 

ings  of  said  court,  and  the  seal  and  other  property  pertaining  thereto, 
shall  pass  into  the  jurisdiction  and  possession  of  the  Supreme  Court 
of  the  State;  and  until  so  superseded  the  Supreme  Court  of  the 
Territory  and  the  judges  thereof  shall  continue  with  like  powers  and 
jurisdiction,  as  if  this  Constitution  had  not  been  adopted.  When- 
ever the  judge  of  the  District  Court  of  any  district,  elected  under 
the  provisions  of  this  Constitution,  shall  have  qualified  in  ofHce, 
the  several  causes  then  pending  in  the  District  Court  or  the  Terri- 
tory, within  any  county  in  such  district,  and  the  records,  papers 
and  proceedings  of  said  District  Court  and  tiie  seal  and  other 
property  pertaining  thereto,  shall  pass  into  tlie  jurisdiction  and 
possession  of  the  District  Court  of  the  State  for  such  county;  and 
until  the  District  Courts  of  this  Terriltory  shall  be  superseded  in 
the  manner  aforesaid,  the  said  District  Courts  and  the  judges  thereof 
shall  continue  with  the  same  jurisdiction  and  power  to  be  exercised 
in  the  same  judicial  districts  respectively  as  heretofore  constituted 
under  the  laws  of  the  Territory. 

Sec.  16.  Until  otherwise  provided  by  law  tlie  seals  now  in  use 
in  the  Supreme  and  District  Courts  of  this  Territory  are  hereby  de- 
clared to  be  the  seals  of  the  Supreme  and  District  Courts,  re- 
spectively,  of  the   State. 

Sec.  17.  Whenever  this  Constitution  shall  go  into  effect,  records 
and  papers  and  pi-oceedings  of  the  Probate  Court  in  each  county, 
and  all  causes  and  matters  of  administration  and  other  matters 
pending  therein,  shall  pass  into  the  jurisdiction  and  possession  of  the 
District  Court  of  the  same  county,  and  the  said  District  Court 
shall  proceed  to  final  decree  or  judgment  order  or  other  determina- 
tion in  the  said  several  matters  and  causes,  as  the  said  Probate 
Court   might   have   done   if   this   Constitution   had   not   been   adopted. 

Sec.  18.  Senators  and  members  of  the  House  of  Representatives 
shall  be  chosen  by  the  qualified  electors  of  the  several  Senatorial 
and  Representative  districts  as  established  in  this  Constitution,  until 
such  districts  shall  be  changed  by  law,  and  thereafter  by  the  quali- 
fied electors  of  the  several  districts  as  tlie  same  sliall  be  established 
by  law. 

Sec.  19.  All  county  and  precinct  officers  who  may  be  in  office  at 
the  time  of  the  adoption  of  this  Constitution,  shall  hold  their  re- 
spective offices  for  the  full  time  for  which  they  may  have  been 
elected,  and  until  such  time  as  their  successors  may  be  elected  and 
qualified,  as  may  be  provided  by  law,  and  the  official  bonds  of  all 
such  officers  shall  continue  in  full  force  and  effect  as  though  this 
Constitution  had  not  been  adopted. 

Sec.  20.  Members  of  the  Legislature  and  all  State  officers.  Dis- 
trict and  Supreme  Judges  elected  at  the  first  election  held  under 
this  Constitution  shall  hold  their  respective  offices  for  the  full  term 
ne.xl  ensuing  such  election,  in  addition  to  tlie  period  intervening  be- 
tween the  date  of  their  qualification  and  the  commencement  of  such 
full   term. 

Sec.  21.  If  the  first  session  of  the  Legislature  under  this  Consti- 
tution shall  be  concluded  within  twelve  months  of  the  time  desig- 
nated for  a  regular  session  thereof,  then  the  next  regular  session 
following  said   special  session   shall  be   omitted. 


THE  CONSTITUTrON  OF  WYOMING.  263 

Sec.  22.  The  first  regular  election  that  would  otherwise  occur 
following  the  first  session  of  the  Legislature,  shall  be  omitted,  and 
all  county  and  precinct  offlcers  elected  at  the  first  election  held  under 
this  Constitution  shall  hold  their  office  for  the  full  term  thereof, 
commencing  at  the  expiration  of  the  term  of  the  county  and  precinct 
officers   then  in  office,  or  the  date  of  their  qualification. 

Sec.  23.  This  Convention  does  hereby  declare  on  behalf  of  the 
people  of  the  Territory  of  Wyoming,  that  this  Constitution  has  been 
prepared  and  submitted  to  the  people  of  the  Territory  of  Wyoming 
for  their  adoption  or  rejection,  with  no  purpose  of  setting  up  or 
organizing  a  State  government  until  such  time  as  the  Congress  of 
the  United  States  shall  enact  a  law  for  the  admission  of  the  Terri- 
tory of  Wyoming  as  a   State   under  its   provision. 


Ordinances. 

Tlie  following  article  shall  be  irrevocable  without  the  consent  of 
the   United   States   and   the   people   of  this   State: 

Section  1.  The  State  of  Wyoming  is  an  inseparable  part  of  the 
Federal  Union  and  the  Constitution  of  the  United  States  is  the  su- 
preme law  of  the  land. 

Sec.  2.  Perfect  toleration  of  religious  sentiment  shall  be  secured, 
and  no  inhabitant  of  this  State  shall  ever  be  molested  in  person  or 
property  on  account  of  his  or  her  mode  of  religious  worship. 

Sec.  3.  The  people  inhabiting  this  State  do  agree  and  declare  that 
they  forever  disclaim  all  right  and  title  to  the  unappropriated  public 
lands  lying  within  the  boundaries  thereof,  and  to  all  lands  lying 
within  said  limits  owned  or  held  by  any  Indian  or  Indian  tribes, 
and  that  until  the  title  thereto  shall  have  been  extinguished  by  the 
United  States,  the  same  shall  be  and  remain  subject  to  the  dispo- 
sition of  the  United  States,  and  that  said  Indian  lands  shall  remain 
under  the  absolute  jurisdiction  and  control  of  the  Congress  of  the 
United  •  States;  that  the  lands  belonging  to  citizens  of  the  United 
States  residing  without  this  State  shall  never  be  taxed  at  a  higher 
rate  than  the  lands  belonging  to  residents  of  this  State;  that  no 
taxes  shall  be  imposed  by  this  State  on  lands  or  property  therein, 
belonging  to,  or  which  may  hereafter  be  purchased  by  the  United 
States,  or  reserved  for  its  use.  But  nothing  in  this  article  shall 
preclude  this  State  from  taxing  as  other  lands  are  taxed,  any  lands 
owned  or  held  by  any  Indian  who  has  severed  his  tribal  relations, 
and  has  obtained  from  the  United  States,  or  from  any  person,  a 
title  thereto,  by  patent  or  other  grant,  save  and  except  such  lands 
as  have  been  or  may  be  granted  to  any  Indian  or  Indians  under  any 
acts  of  Congress  containing  a  provision  exempting  the  lands  thus 
granted  from  taxation,  which  last  mentioned  lands  shall  be  exempt 
from  taxation  so  long,  and  to  such  an  extent,  as  is,  or  may  be  pro- 
vided   in    the   act   of    Congress    granting   the    same. 

Sec.  4.  All  debts  and  liabilities  of  the  Territory  of  Wyoming  shall 
be   assumed   and   paid   bj'   this   State. 

Sec.  5.  The  Legislature  shall  make  laws  for  the  establishment 
and  maintenance  of  systems  of  public  schools  which  shall  be  open 
to  all   the  children  of  the   State  and  free  from  sectarian   control. 


2G4 


THE   GOVKRNMKNT   OF   WYOMING. 


Done  in  open  convention.  uL  the  City  of  Clieyenne,  in  the  Territory 
of  Wyoming,  tliis  .30th  day  of  September  in  tlie  year  of  our  I^ord 
one   thousand   eight   hundred   and   eighty-nine. 


Attested: 

JOHN   K.   .JIOFFREY,    Secretary. 


mi<:lville  c.  brown, 

President. 


GEO.  W.   BAXTER, 
A.  C.  CAMPBELI., 
J.  A.   CASEBEBR, 
C.   D.   CLARK, 
HENRY  A.  COFFEEN, 
ASBURY  B.  CONAWAY, 
HENRY   S.   ELLIOTT, 
MORTIMER  N.   GRANT, 
HENRY^   G.    HAY, 
FREDERICK    H.    HARVEY, 
MARK  HOPKINS, 
JOHN  W.  HOYT, 
WM.   C.    IRVINE, 

JAMES  A.  JOHNSTON, 

JESSE  KNIGHT, 

ELLIOTT   S.   N.   MORGAN, 

EDWARD   J.   MORRIS, 

JOHN   M.    McCANDLISH. 

HERMAN  F.   MENOUGH, 

LOUIS  J.   PALMER. 

CALEB  P.   ORGAN, 

C.   W.    HOLDBN, 


ir.   G.   NICKERSON, 
A.    L.    SUTHERLAND, 
W.   E.   CHAPLIN, 
JONATHAN  JONES, 
JOHN  L.   RUSSELL, 
GEO.  W.   FOX, 
FRANK  M.   FOOTE, 
CHAS.    H.    BURRITT, 
CHAS.    N.    POTTER, 
D.  A.   PRESTON, 
JOHN   A.    RINER, 
GEO.  C.  SMITH, 
H.    E.    TESCHEMACHER, 
C.    L.    VAGNER, 
THOS.   R.   REID, 
ROBT.   C.   BUTLER, 
C.   W.   BURDICK, 
DE  FOREST   RICHARDS, 
MEYER   FRANK, 
M.   C.   BARROW, 
RICHARD  H.   SCOTT. 


APPENDIX  B. 

STATE  BUFLDINGS. 

Location  Authorized  by  Legislature 

Fish  Hatchery,  Lataniie 1884 

Capitol,   Cheyenne 1886 

Insane  Asylum,  Evanston 1886 

University,    Laramie 1886 

Deaf,  Dumb  and  Blind  Asylum.  Cheyenne 1886  (a) 

Penitentiary,    Rawlins 1888  (b) 

Poor   As'ylum.    Landers 1888   (f ) 

Penitentiary,   Laramie 1890  (b) 

Hospital  for  Disabled  Miners,  Rock  Springs.  .  .  .1890   (c) 

,-,         ,    „.  ,    TT       1  \  Sheridan 189s 

Branch  hish  Hatchery  -  „       ,  „-^^ 

/  Sundance    1895 

Soldiers  and  Sailors'  Home,  Cheyenne 1895   (a) 

Big  Horn  Hot  Springs.  Thermopolis 1897   (d) 

Governor's  Residence,  Cheyenne 1901    (e) 

T-,         1    ,-•  ,    TT   .  ,  \  Lander    190^ 

Branch  hish  Hatcherv  ]  ^  ^  -^ 

•     /  Saratoga   1903 

Soldiers  and  Sailors'  Home.  Buffalo 1903   (a) 

Branch  Hospital,  Sheridan 1903   (e) 

(a)  The  unfortunates  under  this  class  have  been  so  few  in  the 
State  that  the  building  has  not  been  occupied  for  this  purpose, 
it  being  more  economical  to  care  for  them  at  the  institutions  in 
other  States.  The  pupils  of  this  class  are  in  institutions  in  Colo- 
rado Springs,  Colo.,  Ogden,  Utah,  and  Nebraska  City,  Neb.  (Our 
male  juvenile  delinquents  are  kept  at  Colorado  Industrial  School, 
Golden,  and  our  female  juvenile  delinquents  at  the  Good  Shep- 
herd's Industrial  School,  Denver,  Colo.)  From  1895  to  1903  this 
building  was  used  as  the  Soldiers  and  Sailors '  Home.  The  sol- 
diers were  transferi-ed  to  Butfalo,  1903.  This  building  by  S.  L. 
1907,  Ch.  10,  was  set  aside  temporarily  for  use  as  the  State  Mili- 
tary headquarters  and  is  the  office  of  the  Adjutant  General  of  the 
Militia,  and  is  further  used  as  the  storage  house  for  military 
supplies. 

(b)  When  the  Territory  was  organized  there  was  no  provision 
made   for   a   penitentiary,   and   our   convicted    ])risoners   were   sent 


266  TIIK   GOVEllNMKNT   OF   WYOMING. 

to  the  House  of  (.'orroetion,  Detroit,  Mieli.  In  1872  the  peni- 
tentiary wjis  l)iiilt  by  the  government  :it  Lanuiiie  ami  used  as  a 
territorial  penitentiary,  and  also  for  convicts  from  the  United 
States  Court.  Under  the  terms  of  the  Wyoming  admission  bill  the 
penitentiary  became  the  property  of  the  State  and  was  used  for 
the  prisoners  until  1902,  when  they  were  transferred  to  Rawlins. 
The  Laramie  buildinji;  is  now  used  for  the  University  Experiment 
Station  Farm.     (Transferred  S.  L.  1907,  Ch.  11.) 

(c)  The  location  was  not  determined  until  tlie  general  election 
of  1892,  and  the  building  was  occupied  1894. 

(d)  No    buildings,   only   improvements. 

(e)  Constructed    1904. 

(f)  By  legislative  enactment  (S.  L.  19i)7,  Cli.  l()4).tliis  loca- 
tion may  be  used  for  the  State   Home  for  Feeble  Miaded. 

The  Federal  Government  building  is  located  at  Cheyenne.  An 
Act  of  Congress  of  1895  approved  of  an  appropriation  for  the 
purchase  of  a  site  for  this  building  and  the  ground  on  which  it 
is  now  located  was  ceded  by  Wyoming  to  the  jurisdiction  of  the 
United  States.  The  State  has  no  control  over  this  small  tract  of 
land  nor  over  acts  or  depredations  committed  upon  it. 


APPENDIX  C 

GOVERNORS  OF  WYOMING. 

From  the  Organization  of  the  Territory  of  Wyoming  to 
its  Admission  to  Statehood. 

Date  of  Appointment. 

John  A.  Campbell April  7,  1869 

John  M.  Thayer February  10,  1875 

John  W.  Hoyt April  10,  1878 

William  Hale August  3,  1882 

Francis  E.  Warren February  27,  1885 

George  W.  Baxter November  6,  1886 

Thomas  Moonlight December  20,  1886 

Francis  E.  W^arren March  27,  1889 


TTIK  COXSTITITIOX  OF  \Vy()^r[N(J.  l'H7 

Since  Statehood. 

Date  of  Assuming  Office 

Francis  E.  Warren October  ii,  1890 

Amos  W  .   I)arl)cr   (a  )  .  .  .  Xovember  24,    1890 

John  E.  Osborne January  2,  1893 

William   A.   Richards January  7,   1895 

De  Forest  Richards January  2,  1899 

Fenimore  Chattcrton  (b) April  28,  1903 

Bryant  B.  Brooks January  2,  1905 

Bryant  B.  Brooks January  7,  1907 

(:i)      Acting  Governor  upon  resignation  of  Francis  E.  Warren. 

(b)     Acting  Governor  upon  the  death  of  De  Forest  Richards. 


APPENDIX  D. 

THE  SUPREME  COURT  OF  WYOMING. 
Territorial  Chief  Justices. 

Date  of  Appointment 

John  W.  Howe April  6,  1869 

Joseph  W.  Fisher October  14,  1871 

James  B.  Sener December  18,  1879 

John  W.  Lacey July  5,  1884 

William  L.  Maginnis November  8,  1887 

Willis  Van  Devanter October  i,  1889 

State  Chief  Justices. 

Date  of  Assuming  Office 

Willis  Van  Devanter October  11,  1890* 

Herman  V.  S.  Groesbeck.  .  .October  15,  1890 

Asbury  B.  Conway January  4,  1897 

Charles  N.  Potter December  8,  1897 

Samuel  T.  Corn January  5,  1903 

Jesse  Knight January  2,  1905'''* 

Charles  N.  Potter April  9,  1905 


*Resigned  October  loth,  1890,  and  Judge  Groesbeck  became  Chief 
Justice. 

**Died  April  9,   1905;  .ludge  Potter  became  Chief  .lustice. 


L'liS  TIIK   COVKRNMKNT   OF   WYOMING. 

APPENDIX  E. 

DELEGATES   TO    CONGRESS    FROM    WYOMING 
TERRITORY. 

Term  of  Office 

Stephen  F.  Nuckolls 1869-71 

William  T.  Jones 1871-73 

William  R.  Steele ^^73-77 

William  W.  Corlett 1877-79 

Stephen  W.  Downey 1879-81 

Morton  E.  Post 1881-85 

Joseph  M.  Carey .  1885-90 

UNITED  STATES  SENATORS  FROM  WYOMING. 

Joseph  M.  Carey 1891-95 

Francis  E.  Warren 1891-93 

Francis  E.  Warren  (a) 1895-1913 

Clarence  D.  Clark 1895-1911 

UNITED  STATES  REPRESENTATIVES  FROM 
WYOMING. 

Clarence  D.  Clark 1890-93 

Henry  A.  Coffeen 1893-95 

Frank  W.  Mondell 1895-97 

John  E.  Osborne 1897-99 

Frank  W.  Mondell 1899-1909 

(a)      The  Legislature  failed  to  elect  a  Senator  in  1893,  and  for 
two  years  Wyoming  had  but  one  Senator. 


'iMiK  co.NSTi'rr'rioN  of  \v^■()Ml^■(;.  269 

APPENDIX  F. 

STATE  ELECTIVE  OFFICERS. 

Tciiii  Expires 
Senators  \      l'>ancis    E.    \Varren,    March    4,    1913 

United  States       /     Clarence    D,    Clark,    March    4,    191 1 
Representative  in  Congress,   Frank  W .  ]\Iondell, 

March  4,  1909 

Governor,  Bryant  B.  Brooks 

Secretary,  William  R.  Schnitger (     January  2,  191 1 

Treasurer,  Edward  Gillette   > 

Superintendent  Public  Instruction.  , 

Archibald  D   Cook (   jauuary  j,    191  r 

Auditor,  LeRoy  Giant ) 

Chief  Justice  Supreme  Court,  Charles  N.  Potter, 

January  2,   191 1 

Associate     \^  Richard  H.  Scott January  4,  1915 

Justices      /  Cyrus  Beard January  6,  1913 

i    Roderick  N.  jNIatson,  1st  Uist .  .January  4,   1909 
Judges   !    Charles  E.  Carpenter,  2d  Dist.  .January  4,  1909 

District  ^    David  H.  Craig,  3d  Dist January  2,  1911 

Carroll  H.  Parmelee,  4th  Dist.  .January  2,  191 1 


270  TIIK   (iOVKKNMEiNT   OF   WYOMING. 

APPENDIX  G. 

STATE   EDUCATIONAL  DIRECTORY. 
1907. 

State  Sui^crintendent  Public  Instruction, 

Archibald  D.  Cook Cheyenne 

President  of  State  University, 

I'Vederick    Monroe    Tisdcl Laramie 

Principal  State  Normal  School, 

John  Eranklin  Brown Laramie 

County   Superintendents  elected   November,    1906,   for  a 
term  of  two  years,  ending  January  4,  1909. 
Name.  County  City 

Mrs.  E.  H.  Knight.  . .  .Albany  Laramie. 

W.  F.  Brown Big   Horn Rairden. 

Frances  B,  Smith Carbon  Rawlins. 

William  S.  Young Converse    Manville. 

Jennie  Davis Crook   Sundance. 

Allie  Davis Fremont Landers. 

Margaret  Lothian Johnson   Buffalo. 

Mrs.  Effie  C.  Rogers..  .Natrona Casper. 

Alice  M.  Sampson Laramie  Cheyenne. 

Mrs.  E.S.  Worthington.Sheridan Sheridan. 

Mrs.  Hattie  H.  Wingo. Sweetwater  .  .  .Rock   Springs. 

Iva  Thomas Uinta Evanston. 

Mrs.  Anna  C.  Miller.  .  .Weston Newcastle. 

STATE  BOARD  OF  EXAMINERS. 

C.    R.    Atkinson,    Superintendent   Sheridan    Public 

Schools   Sheridan 

Grace  Raymond  Hebard,  Librarian  State  Uni- 
versity    Laramie 

William  S.  Young.  County  Superintendent  Con- 
verse   County Manville 


Till';  COXSTITrTION  OF  WVOMINC;.  1'71 

APPENDIX   H. 

(List  of  examination  questions  j^iven  to  tcacliers  on 
the  subject  of  National  and  State  Civics.) 

1.  Describe  the  machinery  by  which  every  voter  is 
allowed  to  have  a  voice  in  the  selection  of  candidates  for 
count}-,  State  and  national  offices. 

2.  What  State  officer  may  not  succeed  himself? 
Why? 

3.  What  is  meant  by  the  jurisdiction  of  a  court? 
What  is  the  jurisdiction  of  a  court  of  a  Justice  of  the 
Peace  ? 

4.  J  low  is  a  vi'.cancy  in  one  of  the  county  offices 
filled? 

5.  Who  are  the  Justices  of  the  Supreme  Court  and 
when  does  the  term  of  each  expire? 

6.  Does  the  Secretary  of  State  continue  to  draw  the 
salary  of  the  office  when  advanced  to  that  of  Governor? 
Does  he  draw  the  salary  of  the  Governor  in  that  case? 

7.  How  can  one  collect  a  bill  against  the  county? 

8.  Distinguish  between  a  civil  suit  and  a  criminal 
l^rosecution. 

9.  Who  is  Governor  of  Wyoming? 

10.  How  are  criminals  brought  to  trial  before  the 
district  courts?  How  in  the  United  States  courts  and 
in  many  State  courts? 

11.  What  are  the  sources  of  revenue  for  the  su]')port 
of  the  public  schools? 

12.  What  is  the  mininuun  price  for  which  scIkxjI  lands 
can  be  sold? 

13.  Name  the  niend^ers  of  the  State  legislature  from 
your  county  and  tell  when  their  terms  expire. 

14.  Tell  of  some  laws  made  at  the  last  session  of  the 
legislature. 

15.  (a)  Wliat  i.i  a  Republic?  Give  an  example,  (b) 
W^hy  is  the  United  States  sometimes  called  a  repre- 
sentative  democracy? 


272  TlIK   (iOVERNMENT   OF   WYOMING. 

i6.  (a)  W'li}'  is  a  g'overnmcnt  justified  in  imposing 
taxes,  (h)  "No  tax  or  duty  sliall  be  laid  on  articles  ex- 
ported from  any  State"  (U.  S.  Constitution).  Why  this 
provision? 

17.  Name  ten  powers  of  Congress. 

18.  Name  the  (pialifications  for  the  ofifice  of  the  Presi- 
dent as  to  age,  citizenship,  residence. 

19.  (a)  Under  the  United  States  Constitution  by  what 
body  must  officers  be  impeached?  (b)  By  what  body 
must  such  impeacliment  be  tried? 

20.  (a)  What  is  a  census?  (b)  How  often  is  a  United 
States  census  taken?  (c)  In  what  year  was  the  last 
United   States   census   taken? 

21.  (a)  When  do  the  State  officers  elected  by  the 
people  begin  their  term  of  office?  (b)  How  often  does 
the  Legislature  of  Wyoming  meet? 

22.  When  is  the  Governor  not  commander-in-chief? 

23.  What  are  the  duties  of  the  State  Superintendent 
of  Public  Instruction?  (b)  How  are  the  public  schools 
supported  ? 

24.  Define  the  following  terms :  writ  of  habeas  corpus, 
bill  of  attainder,  common  law,  eminent  domain. 

25.  Name  the  dififerent  departments  of  the  national 
government  and  tell  who  is  at  the  head  of  each. 

26.  Explain  the  process  by  which  a  bill  may  become 
a  law. 

2"].  Give  the  length  of  term  and  compensation  c^f  the 
following:  senator,  representative,  justice  of  the  supreme 
court. 

28.  What  is  the  purpose  of  introducing  civics  into 
the  school  curriculum?  Where  should  lessons  in  this 
subject  begin?     Why? 

29.  Define  monarchy,  aristocracy,  democracy  and  re- 
public. 

30.  (a)  Tell  all  you  can  about  some  of  the  leading 
disputes  that  arose  in  the  Constitutional  Convention. 


T UK  CO \ST I T ['T [ON  OF  W VOM I N( }.  27:J 

31.  (b)  Why  were  the  articles  of  confederation  con- 
sidered  defccti\'e? 

^2.  Xame  and  define  the  three  great  departments 
of  our  government      Of  what  does  each  consist? 

^^.  Mention  three  constitutional  qualifications  for 
the   President,  U.  S.  Senators  and  Representatives. 

34.  Give  qualifications  for  corresponding  State  ofifi- 
cers. 

35.  Xame  the  most  important  offices  of  our  State 
Government.     The  County  Government. 

36.  Explain  fully  what  is  meant  by  the  following 
terms:  justice,  revenue,  quorum,  bail,  subpoena,  elector, 
and   writ  of  habeas  corpus. 

^y.  In  the  town  system  of  government  name  (a)  the 
legislative  body;   (h)  the  judicial  officer. 

38.  (a)  Who  are  citizens  of  Wyoming?  (b)  Who 
qualified  electors. 

39.  Xame  the  Slate  officers  and  give  length  of  term. 

40.  In  what  courts  is  the  judicial  power  of  the  United 
States  vested? 

41.  N^ame  two  powers  possessed  by  the  United  States 
Mouse  of  Representatives  which  the  Senate  does  not 
possess. 

42.  Define  the  following :  Ex  post  facto  law,  writ  of 
habeas  corpus,  reprieve,  jurisdiction,  letters  of  marque 
and  reprisal. 

43.  What  justifies  the  government  in  imposing  taxes? 

44.  What  does  the  U.  S.  Constitution  say  about  taxes 
and  duties? 

45.  Give  a  quotation  from  the  Declaration  of  Inde- 
pendence. 

46.  What  are  law's?  Who  makes  our  national  laws? 
State  law's?  What  necessity  is  there  for  law,  and  what  is 
the  prime  object  of  its  enactment? 

47.  What  justifies  the  government  in  imposing  taxes? 
What  is  meant  by  the  Governor's  message?     When  is  it 


274  'rill']   GOVERNMENT   OF  WYOMING. 

given?     How   does    it    differ   from   the    President's    mes- 
sage? 

48.  How  often  does  the  legislature  of  Wyoming  meet? 
AVhat  time  of  the  year  relative  to  the  election  of  the 
members  of  the  legislature? 

49.  (jive  the  divisions  of  the  President's  Cabinet,  and 
the  name  of  the  head  of  each.  Name  of  President  and 
Vice-President. 

50.  In  what  manner  is  the  President  of  the  United 
States  elected?  Plow  does  this  dififer  from  the  election 
of  our  Governor?  Who  is  at  present  the  Governor  of 
Wyoming. 

51.  \A'hat  is  a  veto?     And  who  exercises  it? 

52.  Tell  how  a  bill  may  become  a  law?  How  a  bill 
may  fail  to  become  a  law? 

53.  What  part  of  the  Constitution  of  the  United 
States  Avas  called  a  Bill  of  Rights? 

54.  (a)  Give  three  powers  of  our  State  legislature, 
(b)  What  election  State  officer  cannot  succeed  himself 
and   why? 

55.  Define  reprieve,  jurisdiction.  Define  impeach- 
ment. Who  can  try  national  cases?  State  cases?  The 
President  of  the  United  States?  The  Governor?  What 
is  the  punishment  for  impeachment? 

56.  In  what  courts  is  the  judicial  power  of  the  United 
States  vested?      AA'yoming? 

57.  What  is  a  constitutional  amendment  and  how 
can  it  only  be  made  in  Wyoming?     Give  process. 

58.  Term  of  office  of  judges  of  the  United  States 
Supreme  Court?  Wyoming?  How  do  they  obtain 
office,  national  and  State?     Salaries? 

59.  What  is  a  petit  jury?     Grand  jury? 

60.  What  is  treason?  Tf  convicted,  what  punish- 
ment? 

6r.  How  are  the  public  schools  supported?  What 
officer  is  at  the  head  of  our  public  school  system  ?  What 
is  co-education? 


THK  CONSTrTUTION  OF  WYOMINCj.  27-3 

62.  Wliat  are  taxes?  Give  example  of  direct  taxes. 
Indirect. 

63.  \A'hat  is  ciriinent  domain?  What  is  a  constitu- 
tion ?    Who.  makes  it  ? 

64.  Why  do  we  have  a  Pure  Food  Commission?  Who 
assists  him  in  his  duties? 

65.  Give  an  outline  of  the  three  departments  of  gov- 
ernment, national  and  state,  how  elected,  term  of  office, 
compensation  and  duties. 

66.  Define  the  meaning  of  a  jury,  a  verdict,  a  sentence, 
plaintiff,  defendant,  bail,  patent,  copyright. 

67.  How  often  does  the  legislature  of  \A'yoming 
meet?     When  does  it  not  meet? 

68.  Who  is  the  State  District  Judge  in  your  count}'? 

69.  Name  five  state  officers  who  are  elected.  Give 
five  who  are  appointed  by  the  Governor. 

70.  Who  has  jurisdiction  over  the  Yellowstone  Na- 
tional Park? 

71.  Draw  a  map  of  Wyoming,  locating  and  naming 
the  counties  and  county  seats. 

yz.     Name  and  locate  our  State  buildings. 
y^.     What  is  an  alien;  to  be  naturalized? 

74.  How  is  a  vacancy  in  one  of  the  county  offices 
filled?     How  can  one  collect  a  bill  against  the  county? 

75.  What  are  the  sources  of  revenue  for  the  support  of 
the  public  schools? 

76.  How  many  district  judges  are  there  in  this  State? 
Give  the  length  of  their  term  and  their  compensation 

yy.  What  is  meant  by  the  jurisdiction  of  a  court?  Of 
a  justice  of  the  peace? 

78.  When  was  Wyoming  admitted  as  a  State? 

79.  In  what  courts  is  the  judicial  power  of  the  United 
States  vested? 

80.  Name  four  divisions  of  government  to  which  citi- 
zens of  Wyoming  are  subject. 


276  THE   GOVERNMENT   OF   WYOMING. 

8i.  Plow  can  we  collect  a  bill  against  the  county? 
Against  the  city? 

82.  What  is  the  difference  between  impeachment  and 
treason? 

83.  In  the  town  system  of  government  name  (a)  The 
legislative  body,     (b)    The  judicial  officer. 

84.  What  are  the  duties  of  the  county  attorney? 

85.  How  is  Wyoming  represented  in  Congress? 

86.  ^Vhat  determines  the  number  of  senators  and 
representatives  in  Congress? 

87.  Name  the  departments  presided  over  by  members 
of  the  President's  Cabinet.  State  one  duty  of  each  of  the 
respective  departments  named. 

88.  State  three  ways  in  which  a  bill  may  become  a 
law  after  it  has  once  passed  a  majority  of  both  houses.   ' 

89.  What  is  the  right  of  suffrage?  Is  it  a  natural  or 
civil  right? 

90.  What  are  the  requirements  for  a  qualified  elector 
in  Wyoming? 

91.  For  how  long  a  term  is  each  of  the  following  State 
officers  elected:  (a)  Governor;  (b)  State  Superintendent 
of  Public  Instruction;  (c)  State  Senator;  (d)  State  Rep- 
resentative; (e)  Judge  of  the  Supreme  Court? 

92.  What  is  appellate  jurisdiction? 

93.  Mention  two  things  that  the  constitution  guar- 
antees to  every  state? 

94.  What  are  the  duties  of  a  School  Trustee? 

95.  Who  are  the  Trustees  in  your  District? 

96.  What  is  the  date  of  the  annual  school  meeting? 

97.  What  business  is  transacted  at  such  meetings? 

98.  When  will  the  next  Presidential  election  be  held? 

99.  When  do  we  vote  for  State  officers? 

100.      What  is  the  object  of  Teaching  Civics? 


< 


INDEX. 


Accessories,  in  crime,  143. 
Acquisitions,    9. 
Acting  Governor,  84. 
Adams  Act,  157. 
Adjutant-General,   130. 
Administration  of  Affairs,  135. 
Agricultural  College,  104,   167. 
Age,   School   Children,    103. 
Albany  County,  name,  57. 

Organized,   57. 
Alcohol,  effect  on  system,  167. 
Alcova,    176. 
Amendments,   259. 

To  Constitution,  how  made,  81. 
American  Domain,  19. 
Animal  Industry,  200. 

Protection,   167. 
Animals,  wild,  bounty  on,  200. 
Annexations,  9,  10. 
Appeal,  92. 

Appellate   Jurisdiction,    92. 
Appointment  made  by  the  Gover- 
nor, 87. 
Apportionment,    235. 

Congress,   106. 

Legislative,   77,   78. 
Appropriation  of  water,   171. 
Arapahoe  Indians,  47. 
Arbitration,   258. 
Arbor  Day,  a  holiday,   168. 
Arrest,   143. 

Articles  of  confederation,  69. 
Ashley,  Wm.,  39. 
Assessed  valuation,  126. 
Assessments,  113. 

Limited,   114. 
Assessor,   193. 
Astor,  John  Jacob,  36. 
Attorney,  city,  186. 

County,    193. 
Attorney  General,  197. 
Attorneys  at  Law,  215. 
Auditor  of  State,  121. 
Insurance  Commissioner,   121. 
Australian     Ballot     System,     105, 
149,  155. 

Bail,  143. 
Baker,  Jim,   40. 


Balance  of  Power,  79. 
Ballot,  color  of,  154,  155. 
Bannock  Indians,  47. 
Bees,   Inspector,   218. 
Big   Horn   County,   name,   57. 

Organized,   57. 
Bills,    Legislative,    become    laws, 

80,    86. 
Bill  of  Eights,  68,  70. 
Bird  Day,   168. 

License,  210. 
Birds,   Protection   of,   168. 
Board  of   Arbitration,   97. 

Control,  217. 

Of  Water,  171. 

Deposits,    219. 

Equalization,  114,  217. 

Health,  210. 

Horticulture,  218. 

Live  Stock  Commissioners,  198. 

Pardons,   218. 

Sheep   Commissioners,    199. 

(See  State  Boards.) 
Bonneville,  Captain,  40,  43. 
Boundaries,  251. 

Territory  and  State,  46. 

Wyoming,  26. 
Bounty,  wild  animals,  200. 
Brand,   stock,    199. 
Bribery,  110,  111. 
Bridger,   Fort,   39. 

James,  39. 
Buildings,  Public,  126,  132,  247. 
Bureau  of  Forestry,  178. 


Campbell,  John  A.,  55. 
Canal,   Shoshone,  177. 
Capital    Crime,    142. 
Capitol,   132. 
Carbon  County,  named,  57. 

Organized,   57. 
Carey  Act,   175. 
Carey,  Joseph  M.,  60,  63. 
Carnegie,    Andrew,    202. 
Carnegie  libraries,  203. 
Carson,  Kit,  40. 
Cases  of  law  and  equity,  96. 
Cattle  kings,   58. 
Caucus,  148. 


280 


INDEX. 


Census,  State,  194. 
Certificates,  teachers',  163,  165. 
Challenges,   141. 
('liange  of  Venue,  145. 
CUiarities  and  Reform,  216. 
Charters,  city,  184. 
Chemist,    State,    214. 
Cheyenne,  46. 
Child  Protection,  167. 
Christmas,  a  holiday,   168. 
Cigarettes,  sale  of,  214. 
City,  classes,   139,   184. 

Elections,  when  held,  184. 

Government,  184. 

Officers,    185. 

Power  by  ordinance,  186. 
Citizens,   naturalized,  95. 
Citizenship,    restored    by    Gover- 
nor, 88. 
Civil  action,  140. 
Clark  and  Lewis,  34,  39. 
Classes   of   cities,    139. 

Counties,   124. 
Clerk,  city,  186. 

County*  189. 

District  Court,  195. 
Coal  Mines,  Inspectors,  123. 
College  of  Agriculture,  161. 
Color  of  ballot,  154,  155. 
Colter,  John,  35,  43,  219. 
Commander  in  Chief,  130. 
Commission   of   Pharmacy,    215. 
Commissioners,  County,  190. 

Public  lands,   217. 
Common  law,  138,  139. 
Common  school  funds,   115. 

Lands,  159. 
Complaint,  at  law,  140. 
Compulsory  education,  103,   166. 
Concurrent  jurisdiction,  92. 
Congress,  delegate  to,  46. 
Congressional         Representatives, 

106. 
Constables,  195. 
Constitution,   amendments,   71. 

Division  of,  72. 

Of  the  U.  S.,  70. 

Took   effect,   Wvommg,   61. 

Text,   227. 
Constitutional     Amendments,     81, 

151. 

Voted   upon,   82. 

Convention,   56,   61,   63. 

Members,  264. 


(.'onstitutions,     written     and     un- 
written,  71. 
Contagious  diseases,  213. 
Contracts,   labor,   258. 
Control,  Board  of,  217. 

Of   water,   128. 
Converse  County,  name,  57. 

Organized,  57. 
Coroner,    194. 
Corporations,  126,  249,  251. 

Private,  129. 
Councilmen,  184. 
County,    classes,    124. 

Derivation  of  names,  57. 

Government,   188. 

Libraries,  201. 

Organization,   57,    251. 

Scats,   188. 

Superintendents  of  schools,  162. 
Lists  of,  270. 
Counties,  list  of,  188. 
Court  Commissioners,  96. 

Supreme  Term,  90. 
Crime,   142. 
Criminal  case,  140. 
Crook  County,  name,  57. 

Organized,   57. 

Dairy,  food  and  oil  commissioner, 

213. 
Debt,  114. 
Declaration   of   Independence,   68. 

of  rights,  72,  74,  227. 

Foundation  of  law,  98. 
Decoration  Day,  a  holiday,  168. 
Defendant,  140. 

Delegate  to  Congress,  55,  59,  256. 
Demurrer,  140. 
Dentists,   215. 
Deposits,  219. 
Desert  Land  Act,   17~. 
DeSmet,    Father,    43. 
Direct  taxes,  113. 
Diseases,  cattle,  198. 

human,  210. 
District   Court,   Clerk,    195. 

Government    (see   education). 

Judges,  93. 
Division     Superintendent,     water, 

171. 
Doctors,  214. 
Donations,  256. 

Of  land  to  State,  159, 
Druggists,    215. 


INDEX. 


281 


Education,   100,   103,   157,   244. 

Compulsory,  166. 
Educational   directory,   270. 
Eggs,    birds,    168. 
Eight   hours'   labor,   128. 
Elected   State   officers,   117. 
Election  day,  a  holiday,   168. 
Elections,   105,   148,   243. 

Certificates  signed  by,  82. 

Date  of  general,  106. 

General,    153. 

Time  of,   153. 
Electors  for  President,  106. 
Eminent   Domain,   127. 
Engineer,   city,    186. 

State,    123,   171. 
Equalization,  Board  of,   114,  217. 
Equity,    96. 
Estrays,  199. 

Examination  questions  (100),  271. 
Examinations    for    teachers,    163, 

164. 
Examiners,  school,  164. 

List  of,  270. 

State,   122. 
Execution  of  law,  142. 
Executive  Department,  74,  84,  236. 
Experiment  Station,  161. 
Explorations,  16-26. 
Explorers,  32. 
Explosives,  214. 

Expost  facto  law,  Wyoming,  80. 
Extra  session  of  Legislature,  84. 

Feeble  minded,  216. 
Felonies,  142. 
Fish  hatchery,  206. 
Fishing,  open  season,  209. 
First  school  in  Wyoming,  162. 
First  State  Legislature,  60. 
Flag,   cannot   carry,   131. 

Mutilating,   169. 

Over  schoolhovise,  168. 
Food  Commissioner,  213. 
Forestry,  Bureau,  178. 

Reserves,   177,   178,  181. 

Revenue,  161. 
Formation  of  a  Constitution,  61. 
Fourth  of  July,  a  holiday,  168. 
Fort  Bridger,  39,  44,  47,  48. 

Casper,  44. 

Douglas,  44. 

Fetterman,   44. 

Laramie,   40,  43,  44. 

Phil  Kearney,  47. 


' '  Forty-niners, ' '   44. 
Frame   of   Government,    71. 
Franchise,  100,  105,  129,  150. 
French  discovery,   18. 

Rulers,  22. 
Free  education,  103. 

Text  books,   103. 
Fremont,  43. 

County,  57. 

Name,  57. 

Peak,  43. 

Fruit  pests,  218. 

Gadsden   Purchase,  9. 
Gambling,  214. 
Game    Warden,    209. 
General  elections,  153. 
Geologist,  123. 
Government  in  State,  197. 
Governments  over  Wyoming,  25. 
Governor,   acting,   84. 

Appointments,    86. 

Commander  in  Chief,  85. 

Duties,   90. 

Exercises  Legislative  power,  98. 

Impeached,    109. 

Message,  86. 

Pardons,  88. 

Powers,  84. 

Term,  84. 

Vacancy,    84. 

Veto  power,  86. 
Governors,  list  of,  266. 
Grade  of  certificates,  teacher,  165. 
Grand  Jury,   111. 
Guards,  National,  130. 
Gun  license,   209. 

Habeas  Corpus  Act,  68,  93. 
Hatch  Act,  161. 
Hatchery,  fish,  206. 
Hebard,  Frederic   S.,   105. 
Health,   247. 

Board,   210. 
High  schools,   167. 
Historical  society,  205. 
Holidays,  168. 
Homesteads,  258. 
Horticulture,  board  of,  218. 
Howe,  Chief  Judge,  56. 
Humane  Societies,  168. 

Treatment  of  animals,  167. 
Hunt,  Wilson  P.,  36,   39. 
Hunting,  open  season,  209. 


282 


INDEX. 


Illustrations — 

Birds,   game,   211. 

Capitol    at    Cheyenne,    frontis- 
piece. 

County     courthouse,     Sheridan, 
191. 

Great  Seal  Wyoming  Secretary 
of  State,  119. 

Haunts  of  the  elk,  207. 

Indians,  53. 

Irrigation  lands,  Johnson  Coun- 
ty, Wyoming,  173. 

Judicial  districts,  94. 

Libraries,   203. 

Lower  Yellowstone  falls,  221. 

Wyoming,    12. 

North  Piney  Lake,  179. 

Teton  Mountains,  41. 

Township   and  sections,   158. 

University  buildings,   101. 

Yellowstone  National  Park,  37. 

Washakie,  chief,  49. 
Son,    53. 
Immigration,   department  of,  217. 
Impeachment,  90,  109. 

Governor,    110. 

President  U.  S.,  110. 
Indebtedness,  255. 
Independence  Kock,  40. 
Indians, 

Arapahoes,   47. 

Bannocks,    47. 

Cheyennes,  48. 
Government  control,  48-52. 

Shoshones,  47,  48. 

Sioux,  48,  55. 
Indictment,   111,   144. 
Indirect  taxes,  113. 
Information,   at   law,   140. 
Injured   persons,   112. 
Insane  asylum,  132. 
Inspector  of  bees,  218. 

Cattle,  199. 

Coal   mines,   123,   124. 
Insolvency,  96. 

Insurance   commissioner,   121. 
Interpretation  of  the  law,  137. 
Investment  of  school  funds,  116. 
Irrigation,   127,   171,  247, 

Jefferson,  Thomas,  28,  32. 
Johnson  County,  name,  57. 

Organized,  57. 
Jackson  Hole,  39. 


Judges,   district,   93, 

Makes  Citizens,  95, 

Qualifications,   93. 

Salaries,  93. 
Judges  Supreme  Court,  90. 

Duties,  93. 

Qualifications,  91. 

Term  of  court,  91. 

Term  of  Office,  90. 
Judgment,    142. 
Judicial  department,  74,  90,  238. 

As  a  court  of  impeachment,  90, 
109. 

Districts,  93. 
.lurisdiction,  definition,  92. 

Ai^pellate,    92. 

Concurrent,  92. 

Original,    92. 
Jury,  141. 
Justice,   138. 

Of   the   Peace,   140. 
Justices  of  the  Peace,  96. 

Authority,   97. 
Justices  of  District  Court,  93. 

Supreme   Court,   90. 

Kindergartens,  166, 

Labor,   128,  258. 
Land  boards,   216. 

Officers,  159. 

Title   to,   175. 
(See  boards.) 
Lands,    256. 

For  schools,   157. 

State,  donation,  160. 
Laramie,  44. 

County,   name,   57. 

Organized,  57. 
La  Kamie,  Jacques,  44. 
Law   examiners,   215. 

Appointment,   91. 

Library,  201. 
Laws,  application  of,  90, 

How   regulated,   137. 
Legislative  apportionment,  77. 

Deportment,   76,   77,   230. 
Legislature,   elects  Governor,  81. 
U.  S.  Senators,  82. 

Empowered,  80. 

Extra  sessions,  85. 

First  State,  63. 
Territorial,   55. 


INDEX. 


283 


Length  of  sessions,  76. 

Powers,   80. 

Time  of  meeting,  80. 

Kestrictions,   80. 

Salary,   79. 

Statehood,   59. 
Levy  of  taxes,  113. 
Lewis  and  Clark,  32-35. 
Librarian,  State,  201. 
Libraries,   county,   202. 
License  to   hunt,  209. 
Limitation  of  taxes,  113. 
Lincoln's     birthday,     a     holiday, 

168. 
Live   stock,   257. 

Commissioners,   198. 
Louisiana  purchase,  9,  10,  27. 

Magna  Charta,  67. 
Mandamus,  93. 
Marshal,  city,  186. 
Maughwauwama,   46. 
Mayor,   183,   186. 
Mechanical  college,  10-4. 
Medical  examiners,  214. 
Memorial  day,  a  holiday,  168. 
Message  of  Governor,  86. 
Mexican  cession,  9. 
Militia,  126,  130,  256. 
Mines,  coal  inspectors,  123. 

And  mining,  248. 
Minors,  prohibited,  214. 
Miscellaneous  State  Library,  201. 
Misdemeanors,   142. 
Money  for  public  schools,  115. 

Schools,    115. 

State,  deposited,  219. 
Monopoly,  129. 
Monroe,  James,   28. 
Morals,  247. 
Mormons,  44. 
Morrill  Act,  160. 
Morris,   Mrs.   Esther,   55. 
Municipal  Corporations,  251. 

Napoleon,  28. 

Treaty  with,  29. 
Narcotics,  on  system,  167. 
National  Guards,  130. 

Eeservoirs,  176. 
Natrona,  name,  57. 

Organized,  57. 
Naturalization  of  citizens,  95. 
Nests  of  birds,  168. 


New  Years,  a  holiday,  168. 
Nelson   Act,   161. 
Nominations,   148. 
Normal  School,   104,   167. 

Oath  of  office,  117. 

Officers   appointed   by   the   Gover- 
nor, 87. 

Open  season  for  fishing  and  hunt- 
ing, 209. 

Oregon  country,  9,  10,  19. 

Ordinances  of  1785,  157. 
Of  a  Constitution,  72. 

Ordinances,  263. 

Original  jurisdiction,  92. 

Overland  trail,  39,  44,  45. 

Pardons,  Board  of,  218. 

By  Governor,  88. 
Parker,  Samuel,  40. 
"Pathfinder"   reservoir,   176. 
Penitentiary,  132. 
Perpetuity,    129. 
Personal   Eights,   111. 
Pests,   fruit,   218. 
Petit  Jury,   111. 
Petition  of  Right,  68. 
Pharmacists,  215. 
Philippines,   soldiers,   131. 
Pike,  Zebulon,  35. 
Plea,  144. 
Plaintiff,   140. 
Platform,  political,   151. 
Police  Justices,  185. 

Power,  258. 
Political   bosses,   149. 
Polling  place,   152. 
Poll  tax,  114. 
Polygamy,    150. 
Pony  Express,  45. 
Population,  Wyoming,  58. 
Powers  of  State,  230. 
Preamble,  227. 

To  Constitutions,  72. 
President  of  Senate,  80. 

University,  104. 
Presidential   electors,   106. 
Primary,   148,   151. 
Principal,   in   crime,   143. 
Prior  appropriation,   171. 
Probate,  95. 

Property  exempt  from  taxes,  113. 
Property  rights.   111. 
Prosecuting  attorney,  193. 


^84 


INDEX. 


Public  buildings,   126,   132,  247. 

Health  and  Morals,  247. 

Indebtedness,   255. 

Land,   eommissioners,   217. 

Lands  and  donations,  256. 

Roads,    forest    reserve,    money, 
177. 

School  funds,  115. 
Pupils'   reading  circle,   165. 
Pure  Food,   214. 

Quarantine,  213. 

Qualification   for  voters,   150. 

Questions,  list  of,  74,  83,  88,  98, 
107,  112,  116,  125,  133,  146, 
155,    169,    181,    196,   220,   271. 

Quo  warranto,  92. 

Eailroad   corporations,   129. 
Railroads,  250. 
Read   Constitution,   150. 
Reading  Circle,  for  pupils,  165. 

Teachers,  165. 
Reel,  Estelle,  56. 
References  for  reading — 

City    and    county    government, 
183. 

Constitutional    conventions,    67, 
76. 

County  government,  188. 

Early  history  of  Wyoming,  59, 
60. 

Education,  100,  157. 

Elections,  105. 

Executive  department,  84. 

Forest  reserves,  171. 

Franchise,   110. 

History  of  Wyoming,  59-63. 

Impeachment,   109. 

Irrigation,  171. 

Judiciary  department,  90. 

Justice,  137. 

Legislative  department,  76. 

Lands,  126. 

Militia,  126. 

Religion,   110. 

Reservoirs,  176. 

Revenue,  113. 

Schools,  157. 

State  government,  197. 

Suffrage,  150. 

Taxes,  113. 

Treason,  109. 

Wyoming  history,  59-63. 


Registration,  for   voting,    148. 
Uefigioii,   10(1. 

Religious  tests  proliibited,  100. 
Representatives  In   Congress,  268. 

Legislature,  76. 

N'uiid)er,    76. 

Tei'ni  of  office,  76. 
Requisition,    143. 
Reservation,  Indian,  48. 
Reserves,  171. 

Forest,   177. 
Reservoirs,  176. 

National,    176. 
Restoration  of  Citizenship,  88. 
Revenue,   113,  253. 
Revenues    for    State,    countv    and 

City,  113. 
Rhodes'  scholarship,  104. 
Rights,  109,  111. 

Declaration  of,  227. 
Roads,  public,  178. 
"Round-ups,"  198. 
Rulers  over  Wyoming,  22. 


Sacaja^ea,   32. 
Salaries,   252. 
Schedule,  259. 

Of  a  Constitution,   73. 
Scholarship,    Rhodes',    104. 
School,   age,   103. 

Districts,    162. 

Land  Commissioners,   126,  217. 

Lands,   rent   of,   159. 

Laws,  157. 

Money,  165. 

Forest   reserve,    177. 

Of   mines,   104. 

Sections,    158. 

Taxes,   apportionment,   163. 
Secretary  of  State,  118. 

Acting  Governor,  85,  118. 

Duties,   118. 

Salary,   121. 
Secret  ballot,  149,  150. 
Section  sixteen,   158. 
Sectarian    appropriations,    prohib- 
ited, 100. 
Senators,  Legislature,  76. 

Term  of  office,  76. 

Number,  77. 

Executive  authority,  98. 

United  States,  268. 
Sheep  commissioners,   199, 


INDEX. 


283 


Sheridan  County,  name,  57. 

Organized,   57. 
Sheriff,    193. 
Shoshone   canal,    177. 

Indians,  47. 

Eeservation,   52,    177. 
Soldiers  in  Spanisli  war,   131. 
South  Pass,  40,  44. 
Spanish-American    War,    131. 
Spanish  discovery,  17. 

Explorers,   35. 

Rulers,  27. 
Speaker  of  House,  80. 
State  Buildings,  list  of,  265. 
State  Auditor,  121. 

Board  of  Charities  and  Reform, 
216. 
Examiners,  school,  164. 
Law  examiners,   215. 
Medical    examiners,    214. 
(See  boards.) 

Chemist,  214. 

Depositaries,    219. 

Elective  officers,  269. 

Engineer,    123. 

Examiner,    122. 

Finances,  113-116. 

Government,   197. 

Lands,   126. 

Law  library,  201. 

Legislature,  first,  63. 

Officers,  term  of  office,  etc.,  84, 
117,   197. 

Secretary,  118. 

Superintendent  of  Public  In- 
struction, 56,  103,  121,  164, 
165. 

Treasurer,   121. 
Statehood,    46. 
Stuart,  Robert,  36,  39,  43. 
Sublette,  Wm.,  39. 
Suffrage,  105,  151,  242. 
Suffrage,   woman,   55. 
Superintendent  of  county  schools, 
162. 

Public  instruction,  56,  121,  165. 

Issues  certificates,  164. 
Supreme  Court,  Chief  Justice  jjre- 
sides 

Impeachment  cases,  110. 

Members  of,  267. 
Surveyor,  county,  190. 
Sweetwater  County,  name,  57. 

Organized,  57. 


Tax,  poll,  114. 
Taxation,  253. 
Taxes,   113. 

Direct,   113. 

Indirect,  113. 

Property  exempt  from,  113. 
Teachers'   institutes,    163. 

Reading  circle,  165. 
Telegraph  line,  first,  45. 
Term  of  office,  county,  188. 
Territorial   acquisitions,   9,    10. 

Growth,  9,   15. 
Territory  of  Wyoming,  44-58. 

Organized,   45,  46. 

To  State,  59. 
Teton  Mountains,  36. 

Illustration,  41. 
Texas    annexation,    9,    21. 
Thanksgiving  day,  a  holiday,  168. 
Ticket,   at   election,   154. 
Timber  act,  177. 
Title,  to  land  and  water,  175. 
Torrey  troops,  131. 
Town,  government,  183. 
Township,  illustration,  158. 
Treason,  109. 
Treasurer,   citv,   186. 

County,  193"! 

State,   121. 
Trial   by   jury,    141. 
Trust,    139. 

Uinta,   name,   57. 

Organized,  57. 
Union  Pacific  railway,  45,  47. 
United   States   Senators,   268. 

First  Wyoming,  63. 
Universal   suffrage,   151. 
University,  132,   161,   167,  246. 

Education,  104. 

Graduates  exempt  examination, 
164. 

Mill  tax,   104. 

Support,   104. 
Unwritten  Constitution,  71. 

Vacancies,  county  officers,  189, 
Vaccination,    213. 
Valuation,    assessed,    124. 
Vaux,  Richard,  162. 
Venue,  change  of,  145. 
Verdict,   141,   142. 
Verendrye,  35,  43. 


286 


INDEX. 


Veterinarian,   198. 
Veto   power,  86. 
Voters,  qualifications,  150. 
Voting,   10.5. 
Volunteers  in  war,  131. 

Warden,   fish,    206. 

Game,  209. 
Warren,  Francis  E.,  63. 
Washakie,  chief,  48,  51. 

Picture    of,   49. 
Son,  53. 
Washington's    Birthday,    a    holi- 
day,  168. 
Water,    127,    128. 

Rights,  247. 

Title    to,    175. 
Waters  of  State,  171. 


Weights  and  Measures,  201. 
Weston  County,  name,  57. 

Organized,  57. 
Whitman,  Marcus,  40. 
Wild  animals,  200. 

Destruction,  210. 
Wind  River  Reservation,  47. 
Woman  suffrage,  55,  105,  150. 
Written  laws,  137. 
Wyoming,  boundaries,  26. 

Development    Co.,    177. 

Historical   Society,   205. 

In  its  making,  23. 

Meaning  of  word,  46. 

State,    59-64. 

Territory,  44-58. 

Yellowstone  National  Park,  219. 


UC  SOUTHERN  RfcGIUNAL  LibhAhY  i-auil 


AA    000  954  187    i 


